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Chapter 13
Public Order Crimes
Law and Morality
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Debating Morality
 Scholars argue pornography, prostitution, and drug use erodes
the moral fabric of society.
 What is offensive to some is accepted by others
 Influence of cultural values help regulate definitions of morality
Law and Morality
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Social Harm
 Certain behaviors run contrary to social norms, customs, and
values (I.E. Prostitution)
 The “seven deadly sins” are not illegal (lust, gluttony, avarice,
sloth, envy, pride, or anger)
 Acts viewed as being illegal are viewed as a threat to morality
and referred to as public order crimes
Homosexuality
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“Gaybashing” is a term used to describe violent acts directed at
people because of their sexual orientation
Homosexuality refers to erotic interests in members of one’s own
sex
Attitudes toward Homosexuality
 Sodomy (biblical prohibitions)
 Homophobia refers to extreme negative overreaction to
homosexuals
 Fear of homosexuals is attributed to ignorance about
homosexuality
Homosexuality
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Homosexuality and the Law
 Homosexuality is no longer a crime in the U.S. (Robinson v.
California)
 Defense of Marriage Act declared that states are not obligated to
recognize same-sex marriages performed in other states (1996)
 Military policy of “don’t ask, don’t tell”
Homosexuality
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Is the Tide Turning?
 Surveys reveal the majority of Americans support equality for
same-sex couples
 Recent Supreme Court decisions illustrate the changing attitudes
toward the gay lifestyle (Romer v. Evans and Lawrence v. Texas)
 Immoral acts are distinguished from crimes based on the social
harm they cause
Homosexuality
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Moral Crusaders
 Vigilantes held a strict standard of morality in the early West
 Public order crimes are often shaped by moral crusaders (moral
entrepreneurs) who suggest their way is righteous
 Acts are illegal because they violate the moral standards of those
in power and those who try to shape public opinion
Paraphilias
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Bizarre or abnormal sexual practices involving recurrent sexual urges
focused on:
 Nonhuman objects (i.e. underwear or shoes)
 Humiliation or the experience of receiving or giving pain
(sadomasochism)
 Children or others who cannot grant consent
Paraphilias
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Outlawed Sexual Behaviors
 Asphyxiophilia: oxygen deprivation for enhancement of sexual
gratification
 Frotteurism: rubbing against or toughing a nonconsenting person
in a crowd
 Voyeurism: spying on a stranger who is disrobing or engaged in
sexual behavior
 Exhibitionism: sexual pleasure from exposing genitals
 Sadomasochism: pleasure derived from receiving or inflicting pain
 Pedophilia: pleasure from sexual activity of prepubescent children
Prostitution
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Is defined as granting nonmarital sexual access, established by
mutual agreement for money
Incidence of Prostitution
 Number of arrests for prostitution has been declining (80,000
annually)
• Changes in sexual mores
• Prevalence of sexually transmitted diseases
Prostitution
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International Sex Trade
 Soaring demand for “sex tourism” in developing countries
 Traffickers from Southeast Asia and Eastern Europe may import
up to 50,000 women and children into the U.S. yearly
Prostitution
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Types of Prostitutes
 Streetwalkers: (lowest paid and most vulnerable)
 Bar girls: (B-girls spend their time working out of bars)
 Brothel prostitutes: (supervised by a madam)
 Call girls: (aristocrats of prostitution that can make up to $1,500
per night)
 Escort services/Call Houses: (fronts for prostitution rings)
 Circuit travelers: (groups of 2 or 3 traveling to lumbar or labor
camps)
 Skeezers: barter drugs for sex
 Massage parlors/photo studios: fronts for prostitution
 Cyber Prostitutes (Internet facilitated contact)
Prostitution
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Becoming a Prostitute
 Broken homes and sexual abuse
 Poor school performance
 Drug abuse
Prostitution
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Child Sexual Abuse and Prostitution
 Prostitution has been linked to sexual trauma at an early age
 Children who flee the home are vulnerable to life on the streets
 Many remain in the trade due to being resigned to their fate
Prostitution
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Controlling Prostitution
 Federal Mann Act (1925)
 Misdemeanor punishable by a fine or short jail sentence in most
states
 The Violent Crime Control and Law Enforcement Act of 1994
made it illegal to travel abroad to engage in sex with a child
Prostitution
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Legalize Prostitution?
 Feminists have conflicting views (male domination to free choice)
 Advocates of both views argue penalties should be reduced
 Some argue legalization creates security for prostitutes
Pornography
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Obscenity is defined as “deeply offensive to morality and
decency…designed to incite to lust or depravity”
 First Amendment protections
 What is considered obscene today may be considered socially
acceptable in the future
Pornography
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Child Pornography
 Most controversial and reprehensible of the business
 “Kiddie Porn” is considered uncontested pornography and
becoming widespread on the Internet
 Philip Jenkins suggests enforcement efforts should be focused on
the suppliers and not the users
Pornography
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Does Pornography Cause Violence?
 Most research has found little conclusive evidence of a link
between violence and pornography
 Some research suggest viewing pornography may actually serve
as a safety valve for those with violent impulses
 Some evidence suggests that pornography leads to aggression
toward women (James Fox and Jack Levin)
Pornography
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Pornography and the Law
 The First Amendment protects free speech and expression
 The Miller doctrine holds that the state of local jurisdiction must
specifically define obscene conduct in it statute and the
pornographer must engage in that behavior
Controlling Pornography
 Get tough policies may actually be have a reverse effect making
pornography more desirable
 Zoning laws to restrict placement of businesses
Pornography
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Technological Change
 Recent reports place pornography at a $10 billion per year
business
 Communications Decency Act was ruled to unconstitutionally
restrict free speech
 The Child Pornography Prevention Act of 1996 (CPPA)
Substance Abuse
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When Did Drug Use Begin?
 Mesopotamia used opium 4000 years ago
 Arabs used marijuana at the time of the Crusades
 In the U.S. Morphine was used for pain
 Religious creeds deemed intoxicating substances as
unwholesome
Substance Abuse
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Alcohol and Its Prohibition
 Temperance movement led to the Volstead Act which defined
intoxicating beverages as any having more than one-half of one
percent
 Prohibition failed in part due to the efforts of organized crime to
supply illicit liquor
 In 1933 the 21st Amendment repealed Prohibition
Substance Abuse
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The Extent of Substance Abuse
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Monitoring the Future
 Drug use declined from a high point in 1980 until 1990 when it
began to increase until 1996
 Marijuana is the most widely used illicit drug
 About one-third of seniors report using marijuana in the prior year
National Household Survey of Drug Abuse
 In 2003, 8.3 percent of the general population aged 12 or older
were drug users
National Center on Addiction and Substance Abuse
 Alcohol abuse begins at an early age
 More than 31.5 percent of high school students admit to drinking
at least once a month
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Figure 13.1 Trends in the Annual Prevalence of
Teenage Illicit Drug Use
Substance Abuse
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Casa Survey
• Teens who are sexually active are more likely to drink, more
likely to get drunk, more likely to have tried marijuana, and
more likely to smoke
• Teens who spend 25 hours a week or more with
boyfriends/girlfriends are more likely to drink, get drunk, have
tried marijuana, and more likely to smoke
• Girls with boyfriends two or more years older are more likely
to drink, get drunk, have tried marijuana, and more likely to
smoke
Are the Surveys Accurate?
 Drug users may boast about their behaviors
 NSDUH misses people who are homeless, in prison, or drug
rehabilitation
Figure 13.2 Past Year Illicit Drug or Alcohol Dependence or Abuse
by Age and Gender: 2003
Substance Abuse
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Weblink
www.casacolumbia.org
Substance Abuse
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AIDS and Drug Use
 Widespread habit of needle sharing among IV users
 Threat of AIDS has less effect on changing the behaviors among
the poor, high school dropouts, and other disadvantaged groups
 Recently observed decline in drug abuse may be restricted to one
segment of the population
Substance Abuse
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The Causes of Substance Abuse
 Subcultural view: lower-class addiction
 Psychological view: impaired cognitive functioning and
personality defects
 Genetic factors: parental biological heritage
 Social learning: observing parental drug use
 Problem behavior syndrome: maladjusted and emotionally
distressed
 Rational choice: enjoy getting high
 Gateway drugs: Research may not support this view
Substance Abuse
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Types of Drug Users
 Adolescents who distribute small amounts of drugs
 Adolescents who frequently sell drugs
 Teenage drug dealers who commit other delinquent acts
 Adolescents who cycle in and out of the justice system
 Drug-involved youth who continue to commit crimes as adults
 Outwardly respectable adults who are top-level dealers
 Smugglers
 Adult predatory drug users who are frequently arrested
 Adult predatory drug user who are rarely arrested (winners)
 Less Predatory drug-involved adult offenders
 Women who are drug-involved offenders
Substance Abuse
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Drugs and Crime
 Research suggests a link between drug use and crime such as
domestic assault, armed robbery, and homicide
 User surveys indicate that youths who abuse alcohol are most
likely to engage in violent behavior in their life course
 Surveys of prison inmates indicate nearly 80 percent are lifelong
substance abusers
 The direction of the drug link is uncertain (drugs lead to crime or
crime leads to drug)
Substance Abuse
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Drugs and the Law
 In 1914 the Harrison Narcotics Act restricted the importation, and
sale of opiates except for medicinal purposes
 Narcotic is defined as any drug that produces sleep and relieves
pain
 Various federal laws have attempted to increase penalties for
drug smugglers and limit the manufacture of newly developed
substances (Controlled Substances Act 1984)
Substance Abuse
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Drug Control Strategies
 Source Control: aimed at importation
 Interdiction Strategies: interception at the borders
 Law Enforcement Strategies: aimed at large scale drug rings
 Punishment Strategies: deterrence through harsh punishment
 Community Strategies: community programs to restore a sense of
civil justice
 Drug-Testing Programs: testing of employees
 Treatment strategies: intensive therapy efforts
 Employment programs: vocational rehabilitation and work support
programs
CNN Clip - Prescription Drugs Online
Substance Abuse
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Drug Legalization
 War against drugs has expensive ($500 billion over the past 20
years)
 Banning drugs creates networks of manufacturers much like
Prohibition (Ethan Nadelmann)
 If legalized, drugs could be controlled and regulated by the
government
 Crime rate would likely drop as users no longer need less cash to
support their habit
 Some suggest legalization might increase drug usage based on
availability