Crimes_without_apparent_victims Public-order_crime

in public order crimes, there many instances of criminality person accused because he/she has made personal choice engage in activity of society disapproves, e.g., private recreational drug use. thus, there continuing political debate on criminalization versus decriminalization, focusing on whether appropriate use punishment enforce various public policies regulate nominated behaviours. after all, society deal unpopular behaviour without invoking criminal or other legal processes.

following work of schur (1965), types of crime referred include sexually based offences of prostitution, paraphilia (i.e., sexual practices considered deviant), underage sex, , pornography; , offences involving substance abuse may or may not involve element of public disorder or danger public in driving while intoxicated. since 1965, however, societal views have changed greatly, example, prostitution, considered victimless crime, classified countries form of exploitation of women—such views held in sweden, norway , iceland, illegal pay sex, not prostitute (the client commits crime, not prostitute), see prostitution in sweden.

when deciding whether harm innocent individuals should prohibited, moral , political beliefs held in power interact , inform decisions create or repeal crimes without apparent victims. these decisions change on time moral standards change. example, margaret sanger founded first birth control clinic in new york city accused of distributing obscene material , violating public morals. information birth control no longer considered obscene (see u.s. case law examples). within context of discussion (feinberg: 1984) on whether governments should regulate public morals in interest of public good, meier & geis (1997) identify social problems might deemed appropriate legal intervention , extent criminal law should enforce moral positions may lack societal consensus.

this reflects more fundamental problem of legal consistency. people have right engage in self-destructive activities. carcinogenic qualities, tobacco not prohibited substance. similarly, excessive consumption of alcohol can have severe physical consequences, not crime consume it. matched in gambling. state , institutions rely on lotteries, raffles, , other legal forms of gambling operating funds, whether directly or indirectly through taxation of profits casinos , other licensed outlets. qualitatively, there nothing distinguish forms of gambling deemed illegal. side effect of turning many people criminals concept of crime becomes blurred , genuine criminality becomes less unacceptable. if key distinction between real crime , moral regulation not made clearly, more consensual activities become crimes, ordinary citizens criminalized tax-evasion, illegal downloading, , other voluntary rule-breaking. further perceptual problem emerges when laws remain in force not enforced, i.e. police reflect consensus view activity should not crime. alternatively, if activities prohibited consensual , committed in private, offers incentives organizers offer bribes in exchange diverting enforcement resources or overlooking discovered activity, thereby encouraging political , police corruption. thus, deterrent message state might wish send distorted or lost.

more generally, political parties find easier talk dismissively crimes if classified victimless because abolition or amendment looks have fewer economic , political costs, i.e., use of word victimless implies there no injuries caused these crimes (robertson 1989:125) and, if true, there no need create or retain criminal offences. may reflect limited form of reality that, in so-called victimless crimes , there no immediate victims make police reports , engage in given behaviour regard law inappropriate, not themselves. has 2 consequences:

because these crimes take place in private, comprehensive law enforcement (often including entrapment , use of agent provocateurs) consume enormous amount of resources. therefore convenient law enforcement agencies classify crime victimless because used justification devoting fewer resources against crimes there real victims protect; and
these crimes involve desirable large profits can made, e.g., drugs or sex.