England and WalesNote that under English and Welsh law, a "public order offence" is a different category of crime related to and other breaches of the peace. See the following: * *
Crimes without apparent victimsIn public order crimes, there are many instances of criminality where a person is accused because he/she has made a personal choice to engage in an activity of which society disapproves, e.g., private use. Thus, there is continuing political debate on criminalization versus , focusing on whether it is appropriate to use to enforce the various public policies that regulate the nominated behaviours. After all, society could deal with unpopular behaviour without invoking criminal or other legal processes. Following the work of Schur (1965), the types of crime usually referred to include the sexually based offences of , paraphilia (i.e., sexual practices considered deviant), underage sex, and pornography; and the offences involving substance abuse which may or may not involve some element of public disorder or danger to the public as in driving while intoxicated. Since 1965, however, societal views have changed greatly, for example, , often considered a victimless crime, is classified by some countries as a form of exploitation of women—such views are held in Sweden, Norway, and Iceland, where it is illegal to pay for sex, but not to be a prostitute (the client commits a crime, but not the prostitute), see Prostitution in Sweden. When deciding whether harm to innocent individuals should be prohibited, the moral and political beliefs held by those in power interact and inform the decisions to create or repeal crimes without apparent victims. These decisions change over time as moral standards change. For example, Margaret Sanger who founded the first birth control clinic in New York City was accused of distributing obscenity, obscene material and violating public morality, public morals. Information about birth control is no longer considered obscene (see the Public order crime case law in the United States, U.S. case law examples). Within the context of a discussion (Feinberg: 1984) on whether governments should regulate public morals in the interest of the public good, Meier & Geis (1997) identify which social problems might be deemed appropriate for legal intervention and the extent to which the criminal law should enforce moral positions which may lack societal consensus. This reflects a more fundamental problem of legal consistency. People have the right to engage in some self-destructive activities. For all its carcinogenic qualities, tobacco is not a prohibited substance. Similarly, the excessive consumption of alcohol can have severe physical consequences, but it is not a crime to consume it. This is matched in gambling. The state and its institutions often rely on lottery, lotteries, raffles, and other legal forms of gambling for operating funds, whether directly or indirectly through the taxation of profits from casinos and other licensed outlets. Qualitatively, there is nothing to distinguish the forms of gambling deemed illegal. A side effect of turning too many people into criminals is that the concept of crime becomes blurred and genuine criminality becomes less unacceptable. If the key distinction between real crime and moral regulation is not made clearly, as more consensual activities become crimes, ordinary citizens are criminalized for tax-evasion, illegal downloading, and other voluntary rule-breaking. A further perceptual problem emerges when laws remain in force but are obviously not enforced, i.e. the police reflect the consensus view that the activity should not be a crime. Alternatively, if the activities prohibited are consensual and committed in private, this offers incentives to the organizers to offer bribery, bribes in exchange for diverting enforcement resources or to overlooking discovered activity, thereby encouraging political corruption, political and police corruption. Thus, any deterrent message that the state might wish to send is distorted or lost. More generally, political parties find it easier to talk dismissively about crimes if they are classified as victimless because their abolition or amendment looks to have fewer economics, economic and political costs, i.e., the use of the word "victimless" implies that there are no injuries caused by these crimes (Robertson 1989:125) and, if that is true, then there is no need to create or retain the criminal offences. This may reflect a limited form of reality that, in the so-called "victimless crimes", there are no immediate victims to make police reports and those who engage in the given behaviour regard the law as inappropriate, not themselves. This has two consequences: *Because these crimes often take place in private, comprehensive law enforcement (often including entrapment and the use of agent provocateurs) would consume an enormous amount of resources. It is therefore convenient for the law enforcement agencies to classify a crime as victimless because that is used as a justification for devoting fewer resources as against crimes where there are "real" victims to protect; and *These crimes usually involve something desirable where large profits can be made, e.g., drugs or sex.
The hidden crime factorBecause most of these crimes take place in private or with some degree of secrecy, it is difficult to establish the true extent of the crime. The "victims" are not going to report it and arrest statistics are unreliable indicators of prevalence, often varying in line with local political pressure to "do something" about a local problem rather than reflecting the true incidence of criminal activity. In addition to the issue of police resources and commitment, many aspects of these activities are controlled by organized crime and are therefore more likely to remain hidden. These factors are used to argue for decriminalization. Low or falling arrest statistics are used to assert that the incidence of the relevant crimes is low or now under control. Alternatively, keeping some of these "vices" as crimes simply keeps organized crime in business.
Decriminalization of public order crimesMaguire and Radosh (1999: 146/7) accept that the public order crimes that cause the most controversy are directly related to the current perceptions of morality. To assert that the shades of behaviour represented by such "crimes" should be retained or decriminalized ignores the range of arguments that can be mustered on both sides, but the most fundamental question remains whether the government has the right to enforce laws prohibiting private behaviour.
Arguments in favor of decriminalizationThose who favor decriminalization or legalization contend that government should be concerned with matters affecting the common good, and not seek to regulate morality at an individual level. Indeed, the fact that the majority ignore many of the laws, say on drug-taking, in countries founded on democracy, democratic principles should encourage the governments elected by those majorities to repeal the laws. Failure to do so simply undermines respect for all laws, including those laws that should, and, indeed, must be followed. Indeed, when considering the range of activities prohibited, the practical policing of all these crimes would require the creation of a police state intruding into every aspect of the peoples' lives, no matter how privacy, private. It is unlikely that this application of power (sociology), power would be accepted even if history showed such high-profile enforcement to be effective. Prohibition did not prevent the consumption of alcohol, and the present War on Drugs is expensive and ineffective. Those who favor decriminalization also point to experience in those countries which permit activities such as recreational drug use. There is clear evidence of lower levels of substance abuse and disruptive behavior. #The presence of public order crimes encourages a climate of general disrespect for the law. Many individuals choose to violate public order laws, because they are easily violable, and there is no victim to complain. This encourages disrespect for the law, including disrespect for laws involving crimes with victims. #To criminalize behavior that harms no other or society violates individualism, individual freedom and the human/natural rights of the individual. The right of the individual to do what they will, so long as they harm no other, or society as a whole, is a generally accepted principle within free and democratic societies; criminalization of acts that others feel are immoral, but are not clearly proven to be harmful, is generally violative of that principle; although exceptions may—and do—apply. (For example, the simple possession of child pornography or engaging in animal cruelty is criminal, in most civilized nations; however, there is no direct victim (except the animal, whose rights are not cognizable by law); the reason for its criminalization is the "bad tendency" of these acts; persons who derive pleasure from acts such as these often have depraved desires—it can be inferred that people who abuse animals, rarely stop there—and that people who possess child pornography will seek more than just mere depictions.) There are questions of the victimlessness of such supposed "exception" crimes as well as criticisms of the validity of assuming "bad tendencies" though. One example of criticism of the idea of criminalizing cruelty to animals out of a bad tendency in the people who do it instead of animal suffering is that research on pain in animals, the ability of animals to suffer by studies of animal brains is often used to determine what animals should be covered by laws against cruelty to animals, as shown in controversies about extending such laws to fish and invertebrates in which animal brain studies (not forensic psychiatry on humans) are the main cited arguments both for and against criminalization. It is also pointed out that computer games with "cruelty" to virtual mammals are legal in most Western countries while cruelty to real mammals is not, again showing that it is inner animal suffering and not outer body language that is relevant regardless of whether or not animals are formally classified as victims in courts. The notion of cruelty to animals as a predictor of violence to other humans is also criticized for lacking consistency with the evolutionary notion of empathy being gradually extended from close relatives to more distant relatives according to which cruelty to other humans should predict cruelty to animals but not the other way, explaining the appearance of cruelty to animals being a risk factor for violence to humans as a result of criminal investigation spending more resources investigating people known to abuse animals for human violence while people with no history of animal abuse or animal neglect more easily get away with violence to other humans due to being less investigated. In the case of child pornography depicting real children (not cartoons), victimlessness is questioned as circulation of pornographic images of people taken when they were too young to consent to it may injure their personal integrity. In the case of cartoons, it is pointed out that the same psychiatrists who argued for criminalization (which in most countries where it is present happened later than criminalization of pornography with real children suggesting that it was not for the same reasons) have used the same arguments to acquit or strongly reduce sentences for statutory rape in cases where they deemed the victim to "look older", which critics cite as an example of it being counterproductive to protecting children, arguing that a societal transition from visual age guessing to ID checking would reduce statutory rape. There are other arguments than depravity to ban pornographic cartoons depicting minors however, including curtailment of profit from such cartoons which explains why such laws in some European countries have exceptions for cases when the creator and the possessor are the same person in which no transaction is involved. It is also argued that passive marijuana smoking de facto constitutes victimization in some cases of drug use. More generally it is argued that civilized should be based on deterrence, while basing punishment on assumptions of depravity leads to inhumane and uncivilized punishment as the assumption that some people are inherently bad leads to an appearance of persecution being "necessary". It is also argued that since higher priorities of criminal investigation of people considered depraved can find statistical correlations by higher percentages of criminals in profiled groups being caught compared to non-profiled groups no matter if there is a link or not as a self-fulfilling prophecy, preventing it from being self-correcting and making it possible for depravity arguments to lead to anyone being classified as depraved and, as a result, a general loss of freedom. It is therefore argued that depravity arguments should be categorically avoided, as any "exception" would be a mobile goal post."Criminal Justice" Anthea Hucklesby, Azrini Wahidin 2013 #The cost of enforcing public order crimes is too high to individual and societal freedom, and will inevitably result in coercion, force, brutality, usurpation of the democratic process, the development of a carceral state, and finally, tyranny. Due to public order crimes not having a victim, someone aside from a victim has to be used to report public order crimes, and someone other than the sovereign people itself has to be delegated to enforce the public order laws (for examples of direct popular enforcement of laws, see hue and cry, posse Comitatus Act, posse comitatus, and the last vestige of democratic law enforcement today, the jury). This results in the development of an apparatus of coercion, a class of "law enforcers" within society, but separate from society, in that they are tasked with enforcing laws upon the people, rather than the people enforcing their own law. This inevitably results in violations of individual freedom, as this class of "law enforcers" seeks more and more power, and turns to more and more coercive means. #Public order crimes often pertain to behavior engaged in especially by discernible classes of individuals within society (racial minorities, women, youth, poor people), and result in the criminalization or stigmatization of those classes, as well as resentment from those classes against the laws, against the government, or against society. #Public order crimes will end up being selectively prosecuted, since it is not possible to prosecute them all. This creates or reinforces class, gender, or race based criminalization or stigmatization. It also is a very powerful tool for political persecution and suppression of dissent (see Selective enforcement). It produces a situation in which otherwise upstanding citizens are committing "crimes" but in the absence of mens rea (guilty mind) and without even being aware of the fact that their behavior is or was illegal until it becomes convenient to the state to prosecute them for it. # The natural variation in internal moral compass, which often turns out to be beneficial to society, or to stem from variations of understanding which will always be with us to some degree, leads to individuals committing "crimes" in the absence of mens rea. Individuals of all political stripes and background who do not have an encyclopedic knowledge of the law are vulnerable to accidentally committing crimes and suffering punishment when they were not aware that the behavior was even considered problematic. For instance individuals who violate building or zoning codes on their own property may be stuck with large expenses, life disruptions, or fines unexpectedly. #Public enforcement of morality will inevitably lead to individuals with underdeveloped moral compasses of their own, instead resulting in external restraint substituting for internal restraint, and, thus, greater immorality, deviance, and societal decadence. Or, they may give up on their internal compass and turn to a more Machiavellian approach if they are punished for following it.
Arguments against decriminalizationThose who oppose decriminalization believe that the morality of individuals collectively affects the good of the society and, without enforcement, the society will be damaged and lead to decadence. They believe that law shapes morality and builds a national character. If laws are not enforced, that is not the fault of the law. If people knew that they were likely to be arrested, they would modify their behavior. That current laws criminalizing theft do not deter thieves is not an argument for decriminalizing theft (although theft is not in any way a victimless crime). Rather it is an argument in favor of devoting more resources into enforcement so that there is greater certainty of arrest and punishment. Thus, in public order crimes, it is simply a lack of priority in current enforcement strategies that encourages such widespread public disobedience which, in all likelihood, would increase if the behavior was to be decriminalized.
Specific examplesMeier and Geis (1997) contrast the view that prostitution and drug offenses are crimes without victims, with the view that the participants involved are victims without crimes. The use of the term "public order crime" grew out of the research to test the hypothesis underlying the term "victimless crime". So-called victimless crimes or crimes without victims were tested to determine whether a case could be argued that the behaviour produced harmful consequences for innocent people (p19) recognising that there was substantial disagreement both about the degree of culpability inherent in the behaviour and the proper role for the law. Consequently, the effectiveness and scope of the law has proved limited, both creating and solving problems. The following are examples of the research findings used to construct arguments that there are victims. It is accepted that there are other arguments that many consider equally convincing (as an example).
Prostitution:''For a full discussion from a criminology perspective, see Prostitution law''
DrugsThe use of drugs for religious and recreational purposes is historically verified among a wide range of cultures. In more modern times, Inciardi (1992: 1–17) reports that the use of opium, cocaine, and, later, morphine were common ingredients of patent medicines, and "opium dens" were not uncommon in the larger urban areas. Extracts from the coca leaf were included in the original Coca-Cola and, in 1900, heroin was promoted as a cough medication and a treatment for lung diseases. But problems flowing from addiction led many to perceive the drug element of medications to be morally destructive. In the United States, the SCOTUS, Supreme Court decisions of ''Webb et al. v U.S.'' 249 U.S. 96 (1919
See also*Drug-related crime *Public Order Act 1986 *Victimless crime *Sumptuary law *Anti-social behaviour order *Broken windows theory *Moral police *Signal crime *Islamic religious police
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