Public Order Crimes

Sex-Related Offenses

Jaycee Lee Dugard

• 11 year old girl kidnapped from a bus stop in 1991 and help captive for 18 years.
• Jaycee had 2 children: one at the age of 14 and the other at the age of 17, by one of her kidnappers Phillip Garrido.
• Phillip was a registered sex offender and his home was frequently visited by police officers, but they failed to search the entire property and never found Jaycee.

Paraphilia

noun

Defined as bizarre or abnormal sexual practice that involves recurrent sexual urges. These urges usually focus on:

• nonhuman objects
• humiliation
• and children or people in general that the persona has not gained consent from

Common Types

Bestiality

Necrophilia

Sadism

Sadomasochism

Frotteurism

Voyeurism

Exhibitionism

Pedophilia

Asphyxiophilia

Incest

PUBLIC ORDER CRIMES

Ebony Haney, Asha Lindsey, Ebonei Simpkins, Danielle Winfrey, Sarena Robinson

Pedophilia

Defined as gaining sexual pleasure through sexual activity with prepubescent children.

• There is no pinpointed cause to pedophilia, but some of the reasons it occurs include

• brain trauma
• abnormal brain structure
• social maldaptation

Jessica Lunford Murder Case

John Couey abducted 9 year old Jessica Lunsford from her bedroom. He told her not to scream and took her to his house where he raped her.

Police soon began looking for Jessica, starting at the homes of registered sex offenders. Knowing they would come to his house, John panicked and buried Jessica alive.

GAME TIME!!!!

Pornography

Law and Morality

noun.

sexually explicit books, magazines, films, and DVDs intended to provide sexual titillation and excitement for paying customers.

Crime

Grey Area

Morality

Germany

Germany allows prostitutes to obtain regular work contracts, receive health insurance, and pay taxes. Currently, there are about

400,000 people in Germany that work in the

sex trade.

Due to the 1st amendment, material depicting nudity and sex is legal, but most criminal codes prohibit the selling of obscene material.

Obsene

causing uncontrolled sexual desire

Due to the subjectivity of the word, it becomes problematic to enforce the law. In 1964, Supreme Court Justice Potter Stewart was asked how to define obscenity. His response? "I know it when I see it."

Victimless Crime

Escorts at the Emperor's Club

What is a victimless crime?

• Public order crimes that violate the moral order but have no specific victim other than society as a whole
• Pornography
• Prostitution
• Drug Use
• Erode the moral fabric of a society and should be prohibited

On March 10, 2008, The New York Times reported that New York Governor Eliot Spitzer had patronized an elite escort service run by Emperors Club VIP. The ensuing scandal led to Spitzer’s resignation as governor on March 12, 2008.

New York

People v. James Kent

After a recent ruling in the New York Courts it is now legal to view online child pornography as it does not prove possession. An affirmative act (such as printing, downloading, and saving) is required.

Pornography

http://www.nycourts.gov/ctapps/Decisions/2012/May12/70opn12.pdf

• Legislation of moral issues has continually frustrated lawmakers

• Unlike crimes such as store robberies and child abuse which are relatively simple to see and condemn, immoral acts pose more difficulty and controversy with identification and classification.

Is pornography considered harmful?

California

Miller v. California

In determining whether speech is obscene, the basic

basic guidelines for the trier of fact must be:

(A) whether "the average person, applying contemporary community standards" would find the material, taken as a whole, as appealing to the prurient interest of sex,

(B) whether the work depicts or describes, in a patently

offensive way, sexual conduct specifically defined by the

applicable state law,

(C) whether the work, taken as a whole, lacks serious

literacy, artistic, political, or scientific value.

http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-sullivan/freedom-of-speech-why-government-restricts-speech-unprotected-and-less-protected-expression/miller-v-california-4/

While the harmfulness of pornography is highly debated, child pornography has been considered dangerous & harmful for the following reasons:

• the children involved tend to act out and have behavior problems
• the correlation between viewing child pornography and abusing children

Nevada

• Research has proven that viewers of child pornography are more likely to sexually abuse children

Unlike any other state, prostitution is legal in the state of Nevada. They have what is called state-sponsored prostitution, in which Nevada counties collect taxes from the sales of women to men to buy them.

Criminal or Immoral?

Natalie Dylan

22 year old Natalie Dylan auctioned her virginity online through a Nevada brothel, the Bunny Ranch. One bidder offered $3.7 million.

GEORGIA

7 Deadly Sins

• Pride
• Greed
• Lust
• Envy
• Gluttony
• Wrath
• Sloth

However:

• researchers are unsure of the link between pornography and violent behavior;
• some researchers are believe that viewing porn acts as a safety valve for possible offenders and;
• some porn and erotic films depict violence such as rape, bondage, and mutilation, which is believed to evoke similar feelings to the viewer, making them more inclined to commit violent acts if repeatedly viewed.

International Sex Trade

• Prostitution is regulated by the government in some countries and punishable by death in others.
• In developing countries, there has been a noticeable rise in sex tourism, in addition to:

• Stealing a rich person's money to feed a poor family is still considered larceny.
• Marrying more than one woman (bigamy) is considered a crime even though multiple marriage may conform to some groups' religious beliefs.
• Is it a crime to kill a loved one who is suffering from an incurable disease to spare him/her further pain?

Islamic Nations

• strip clubs
• lap dancing
• escorts
• telephone sex

In many Islamic nations, prostitution is punishable by death. This punishment is sometimes carried out by stoning in the public square.

Sex Tourism

noun

Occurs when men from wealthy countries frequent marginally regulated sex areas in needy nations such as Thailand in order to procure young girls forced or sold into prostitution.

Prostitution

noun.

Today prostitution is defined as granting nonmarital sexual access for remuneration, under terms established by mutual agreement of the prostitutes, their clients, and their employers. The following elements are included in this process

• activity that has sexual significance for the customer
• economic transaction
• emotional indifference

Social Harm

Moral Crusades

Moral Entrepreneur: A person who creates moral rules, which thus reflect the values of those in power, rather than any objective, universal standards of right and wrong.

Types of Prostitutes

The Gay Marriage Crusade

Defined as the injury caused to others by willful or wrongful doing.

Immoral acts can be distinguished from crimes on the basis of injury they cause.

• Vulgar
• Offensive
• Depraved

*Not outlawed or punished if they harm no one.

Streetwalkers

Bar Girls

Brothel Prostitutes

Call Girls

Escort Service/Call Houses

Circuit Travelers

Cyber Prostitutes

Regulating Prostitution

Prostitution is illegal in the United States! There was a loophole in Rhode Island until 2009 when moral crusaders pressured the government to ban all forms of prostitution.

Substance Abuse

Alcohol & Prohibition

Common in both urban and rural areas

Legalize Prostitution?

• Temperance Movement: Drive to prohibit sale of alcohol in the United States, culminating in the ratification of the 18th Amendment in 1919
• Prohibition: period from 1919 until 1933; 18th Amendment to the United States’ Constitution outlawed sale of alcohol.
• 1933: 18th Amendment appealed by 20th Amendment

In terms of prostitution, feminists have articulated conflicting views on prostituion.

Sexual Equality View

Free Choice View

Both sides argue that the penalties for prostitution should be reduced, but neither advocate for legalization.

Alexa Albert (Harvard trained physician) vs Melissa Farley

Charted by national surveys: Monitoring the Future (MTF) and National Household Survey (NHS)

Causes of Substance Abuse

Subcultural View

Psychological View

Genetic Factors

Social Learning

Problem Behavior Syndrome (PBS)

Rational Choice

Drugs & Laws

Narcotic: any drug that produces sleep and relieves pain, such as heroin, morphine, and opium; any habit-forming drug

In the early 20th century, the federal government initiated legal action of drugs

Legalization of Drugs

Drug Control Strategies

Pure Food and Drug Act(1906)

Harrison Narcotics Act(1914)

Marijuana Tax Act(1937)

Boggs Act(1951)

Durham-Humphrey Act(1951)

Narcotic Control Act(1956)

Drug Abuse Control Act(1965)

Comprehensive Drug Abuse Prevention and Control Act(1970)

Controlled Substances Act(1984)

Anti-Drug Abuse Act(1986 and 1988)

If drugs legalized, government can control importation, distribution, and sale of substances

Source Control

Interdiction Control

Law Enforcement Strategies

Punishment Strategies

Community Strategies

Drug Education and Prevention Strategies

Drug-Testing Programs

Treatment Strategies

Concept Summary

13.1 (Page 376)