RE: Unit 7 Discussion Board Criminal law
Introduction
Crimes against morality are referred to as victimless crimes because the participants willingly engage in the activity. Victimless crimes include drug possession, pandering, and prostitution. Some people consider these crimes not worthy of prosecution because they do not cause injury or harm. Supporters of these crimes argue that the acts can lead to other crimes and even violence.
Defining Victimless Crimes
Should conduct that does not identifiably cause harm to someone else be made illegal? A victimless crime is one in which often the most identifiable “victims” are the offenders themselves.
Crimes such as illegal drug possession are ones in which the person in possession of the illegal substance chose to do so.
Morality laws are difficult to enforce in a country where diversity rings from “sea to shining sea.” What one person finds immoral, another deems a religious right.
Victimless Crime
An offense committed against the social values and interests represented in and protected by the criminal law and in which parties to the offense willingly participate.
Prostitution
Scholars agree that the oldest profession in the world is that of prostitution. However, it is a profession in which prostitutes are the “corporate executives.” Prostitution is not illegal in all states. Nevada is infamous for its legalized prostitution. The Nevada law permits corporations that list sexual favors as their means of business to be allowed to incorporate in that state.
Why is prostitution illegal in some places and not in others?
If the exchange of sexual favors for monetary gain is immoral, then why isn’t the common date, where one person may be very interested in having intercourse and uses whatever means (albeit legally) to obtain that goal, also immoral?
The proponents of anti-prostitution statutes argue that prostitution brings with it other social woes that are indicative of sex-for-hire circumstances.
The rate of illegal drug use is extremely high among prostitutes; however, that may also be true of rock stars and actors.
The infamous Heidi Fleiss dispelled for many the idea that prostitution in itself incites illegal drug use and violence.
Georgia law prohibits sex in exchange for money. Can a husband or wife be guilty of prostitution, according to the textbook?
Prostitution
The offering or receiving of the body for sexual intercourse for hire [as well as] the offering or receiving of the body for indiscriminate sexual intercourse without hire. Some states limit the crime of prostitution to sexual intercourse for hire.
Pimp
The crime of promoting prostitution is personified by the public images of some of today’s hip-hop stars. Through their music and videos, many hip-hoppers promote the idea of hiring women to have sex with others, while providing the women with protection, clothing, and so on. Some of their songs and videos promote the idea of keeping a place of prostitution, while forcing the female to give them the money she receives from her "clients."
Let's examine conduct that might constitute pimping:
Select each item to learn more.
Maintaining a residence where acts of prostitution occur | |
Soliciting someone to prostitute themselves | |
Encouraging or glorifying acts of prostitution | |
Gathering friends together to hire a prostitute | |
Bringing a prostitute to a party |
Promoting Prostitution
The statutory offense of (1) owning, controlling, managing, supervising, or otherwise keeping a house of prostitution; (2) procuring a person for a house of prostitution; (3) encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute; (4) soliciting a person to patronize a prostitute; (5) procuring a prostitute for another; or (6) transporting a person with the purpose of promoting that person's involvement in prostitution.
Keeping A Place Of Prostitution
Knowingly granting or permitting the use of a place for the purpose of prostitution.
Pimping
Aiding, abetting, counseling, or commanding another in the commission of prostitution, or the act of procuring a prostitute for another.
Terms Relating to Prostitution
What is the difference between pandering and prostitution?
Note that some who have been charged with pandering never had sexual intercourse or intended to have sex.
However, the conduct of well-known actor Hugh Grant allegedly consisted of felonious fellatio activity. Fellatio is defined as oral stimulation of the penis. Rumors were that Grant simply wanted to orally stimulate the prostitute’s toes and was willing to pay to do it. Would this still be immoral?
Is it illegal to solicit acts that provide sexual stimulation but do not involve the sexual organs for money?
Pandering
Soliciting a person to perform an act of prostitution.
Prostitution
The offering or receiving of the body for sexual intercourse for hire [as well as] the offering or receiving of the body for indiscriminate sexual intercourse without hire. Some states limit the crime of prostitution to sexual intercourse for hire.
Fellatio
Oral stimulation of the penis.
Introduction
Pornography and lewdness are acts of obscenity that are widely committed, despite their moral unpopularity with the general public. The challenge with acts of obscenity, particularly pornography, is to not overstep the boundaries of the First Amendment right to free speech. It is important to understand how pornography is defined, the distinction between pornography and obscenity, and the elements of similar crimes.
Pornography
The First Amendment protects free speech. Pornography has been held to be within the protections of the First Amendment. However, obscenity is not protected.
Obscenity has been defined as pornography without any other literary value, or that which appeals only to prurient interests. Thus, the frequently used joke, “people read pornographic magazines for the articles.”
Magazines such as Playboy and Hustler are protected under the First Amendment. This does not prevent states from regulating pornography. Like alcohol, pornography has been deemed an activity highly subject to state regulation because of its propensity for immorality
Pornography
The depiction of sexual behavior in such a way as to excite the viewer sexually.
Obscenity
That which appeals to the prurient interest and lacks serious literary, artistic, political, or scientific value.
Prurient Interest
A morbid interest in sex; an obsession with lascivious and immoral matters.
Child Pornography
Films such as Lolita, Taxi Driver, Endless Love, The Blue Lagoon, and Pretty Baby all depict underage children having sex.
The Supreme Court has always had a difficult time balancing sexual morality laws—such as child pornography which prohibits the use of children to depict or engage in sexual conduct—with freedom of expression rights.
The Supreme Court has held that images that do not actually depict or engage children in having sex but only allude to it are permissible and do not fall into the category of immoral conduct. Thus, these images, produced by established artists, are protected under the First Amendment.
Child Pornography
The depiction of sexual behavior involving children.
Lewdness
Lewdness refers to obscene behavior. Lewd behavior is behavior meant to sexually arouse, typically including the exposure of genitalia for the purpose of arousal.
The morality crime of lewdness is difficult to prosecute without the party admitting to his or her desire to arouse others.
Most statutes prosecute lewd or lascivious behavior through public exposure or public indecency statutes. These statutes tend to focus less on the desire of the actor and more on the exposure of genitalia.
If by attempting to protect U.S.-Mexican Immigration policies, students wished to disrobe and assemble on the steps of the capital, with the intent of symbolizing Jews who were naked and starving in Nazi concentration camps, would they be in violation of public indecency statutes? Or are they protected under the First Amendment's freedom of speech clause?
Lascivious Behavior
Thats which is obscene or lewd, or which tends to cause lust.
Public Indecency
Specifically, the willful exposure of the private parts of one person to the sight of another person in a public place with the intent to arouse or gratify sexual desires. Also, the commission, in a place accessible to the public, of (1) an act of sexual intercourse; (2) a lewd exposure of the sexual organs; (3) a lewd appearance in a state of partial or complete nudity; or (4) a lewd caress or indecent fondling of the body of another person.
Introduction
Many state statutes once prohibited adultery and fornication on the basis of moral objections. These acts are either no longer prohibited, or the laws prohibiting them are no longer enforced. Other unlawful sex acts, such as bigamy and bestiality, have not been removed from statute and remain in effect today.
Laws Against Consensual Sex
Laws against fornication and adultery have roots in biblical doctrine. These laws prohibit sex between parties who are not legally married to one another.
Although many of these laws are still on the books, it is doubtful they would stand up to constitutional scrutiny today. The Supreme Court has held that laws that unjustly discriminate between single and married persons are unconstitutional.
In the case of Eisenstadt v. Baird, 405 U.S. 438 (1972), the Supreme Court held that it was unconstitutional to deny a single person’s access to birth control.
Today’s criminal statutes prohibit bestiality, or sex with animals, using cruelty or abuse of animals statutes.
Some states have statutes that prohibit severe abuse to animals as crimes that constitute felonies.
Individuals who are convicted of felonious bestiality can serve up to 20 years in prison.
Fornication
Voluntary sexual intercourse between two persons, one of whom is unmarried.
Adultery
Sexual intercourse that occurs between a male and a female, at least one of whom is married to someone else.
Bestiality
Sexual relations with animals.
Bigamy
Marriage is a sacred institution in America. The U.S. Supreme Court has held that marriage is a fundamental right—a right based on the right to privacy.
Criminal statutes are designed to fortify this social construction. The crime of bigamy consists of a person who marries more than one person.
Defenses such as religion or nationality can be asserted to defend polygamy. The First Amendment’s right to assembly also supports a citizens’ right to have more than one spouse.
Although bigamy statutes are widely accepted, they are rarely prosecuted.
Bigamy
The crime of marrying one person while still legally married to another person.
Polygamy
Having more than one wife or husband at the same time.
Introduction
Criminal statutes define various illegal acts that go against public decency and morality. Because morality is subjective, the actual harm caused by such acts and the merits of prosecuting them are often debated. To increase your understanding of these illegal acts, it is important to analyze the crimes of incest, gambling, and controlled substances offenses.
Incest Crimes
The crime of having sexual relations with a family member is called incest.
Generally, criminal incest statutes have limited their application to certain degrees of relations. Brothers, sisters, mothers, fathers, and first cousins generally fall within the prohibited degrees of relations, and are therefore prevented by law from having sex with each other.
The growing diversity of today's American families is causing adjustments to the criminal incest statutes.
Half-brothers, half-sisters, and step-children have been added into the prohibited class of members who are not permitted to have sexual relations with one another.
Incest
Unlawful sexual intercourse with a relative through blood or marriage.
Gambling
Laws prohibiting gambling differ from jurisdiction to jurisdiction.
The morality behind gambling regulation, many of today's theorists would argue, is based on providing a warning to citizens of its addictive and destructive capabilities.
However, to say that gambling is illegal is not accurate. Gambling has become a highly regulated activity. This is similar to alcohol regulation—although underage drinking is illegal, alcohol is not.
Licensed gaming is permissible.
Gambling
The wagering of money, or of some other thing of value, on the outcome or occurrence of an event.
Illegal Substances
The War on Drugs is a very familiar mantra. Many substances have been declared illegal or sometimes sacred throughout human history. The basis for why some substances are permitted and others are not is not easy to determine.
Let's examine terms and concepts that relate to criminal statutes which codify drug crimes:
Select each item to learn more.
Drug:
A generic term applicable to a wide variety of substances having any physical or psychotropic effect on the human body.
Controlled Substance:
A specifically defined bioactive or psychoactive chemical substance that comes under the purview of the criminal law.
Drug Terminology
Drug abuse
The frequent, overindulgent, or long-term use of a controlled substance that creates problems in the user's life or those with whom he or she associates.
Schedule I
These types of substances have been determined to have no medical usage and have great potential for abuse. Includes LSD, peyote, marijuana, and hashish.
Schedule II
These are drugs which may have some medicinal use, and also have a high potential for abuse. Includes opium, cocaine, PCP, and Ritalin.
Schedule III
Drugs in this category are judged to have a lower potential for abuse than Schedule I or II drugs. Includes some prescription drugs, cold medicines containing codeine, and anabolic steroids.
The Anti-Drug Abuse Act of 1988
Tough legislation designed to curtail drug use and trafficking. This legislation denies student loans to some convicted offenders of drug use.
Additional Federal Drug Legislation
Let's examine two additional pieces of legislation:
The Crime Control Act of 1990
The Violent Crime Control and Law Enforcement Act of 1994
These two pieces of legislation changed the face of the “War On Drugs”:
Allocated over 3 billion dollars to anti-drug enforcement and programs
Placed drug control high on the priority list for law enforcement
Increased education on anti-drug policies
Codified and began the monitoring of legal substances, such as precursor chemicals, which are regularly involved in the creation of designer drugs
Precursor Chemicals
Chemicals that may be used in the manufacture of a controlled substance.
Designer Drugs
Chemical substances that have a potential for abuse similar to or greater than that for controlled substances, are designed to produce a desired pharmacological effect, and produced to evade the controlling statutory provisions.
Introduction
State statutes prohibit the possession, distribution, and manufacturing of illegal drugs. To further discourage illegal drug activity, states have adopted laws permitting seizure of assets linked to a drug trade operation. However, not all states continue to criminalize all illegal substances, because some have enacted medicinal marijuana laws.
State Anti-Drug Legislation
Recently, some states have begun to pass laws that conflict with, if not challenge, the federal anti-drug laws.
States have criminal statutes that codify state anti-drug laws. Like federal statutes, state statutes have different levels of drug charges. The schedule I and II offenses are generally felonies and III-V are misdemeanors unless aggravating factors exist.
Persons with a prescription from a licensed doctor for a controlled substance are excused from these statutes.
Asset Forfeiture
A relatively recent attack on illegal drug trafficking and use are the forfeiture statutes that permit judges to seize anything of monetary value traceable to illegal drugs.
At first glance, forfeiture statutes such as RICO raise constitutional eyebrows. Courts have been hesitant to award property when there are not exigent circumstances without a hearing. The hearing for forfeiture requires an immediate connection to illegal drug trade. For example, a car used to transport substantial amounts of illegal substances or a home where a large quantity of designer drugs are manufactured can be forfeited because the car and the house are directly connected to drug activity.
Courts are not likely to allow the forfeiture of a vehicle in which less than an ounce (personal use) of a narcotic was found.
Forfeiture
An enforcement strategy supported by federal statutes and some state laws, which authorizes judges to seize all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance (and) all proceeds traceable to such an exchange.
RICO
An acronym for a section of the federal Organized Crime Control Act known as the Racketeer Influenced Corrupt Organizations provision. Some states have passed their own RICO-like statutes.
Medicinal Marijuana
As mentioned before, some states are enacting statutes that conflict with federal anti-drug laws. California passed Proposition 215, “The Compassionate Use Act,” which permitted the use of medically prescribed marijuana.
For years, marijuana proponents have fought for its legalization, contending that its medicinal uses have been proven. However, the federal government has maintained that marijuana is an illegal substance and those in possession of it or who attempt to distribute it will be subject to criminal sanctions.
Only time will tell who will win the battle on medicinal marijuana, but if prohibition was any indication, perhaps the states will get their way.
U.S. v. Oakland Cannabis Buyers’ Cooperative
A 2001 case, U.S. v. Oakland Cannabis Buyers’ Cooperative, made it clear that medicinal necessity was not a defense to criminal drug charges stemming from the Controlled Substance Act.
The Court focused on the wording of the act and held that the only exception was marijuana grown for government experiments. Many proponents for the legalization of marijuana argue that it is unjust to permit the growth of the substance for the government’s use, yet to deny cancer victims and others the right to use it for pain relief.