Mainstream and Crosscurrents, Second Edition Chapter 15 Victimless Crimes

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 2 Victimless crimes Drug use, illegal forms of gambling, and prostitution are considered by many people to be victimless crimes because there is no direct victim.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Drug use and abuse Drug use and drug-related offenses are so prevalent that criminal justice officials must overlook some offenses to concentrate resources on the control of other types of crime.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Drug use and abuse Abadinsky's definition of drug abuse "Ingesting a psychoactive substance that is illegal to possess or that is taken in quantities that are clearly harmful."

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Drug use and abuse A short history of drug use & drug laws in the United States  In colonial America, alcohol was integrated into daily life because it was safer than drinking the water.  In 1791, Congress passed an excise tax on whiskey that led to the Whiskey Rebellion.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Drug use and abuse A short history of drug use & drug laws in the United States  During the Civil War, morphine was widely used to combat pain and dysentery.  Cocaine was used to treat morphine addiction.  Many patent medicines contained cocaine and morphine.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 Drug use and abuse Drug control legislation  In the 20 th century a steady progression of laws attempted to protect people from the harmful effects of drugs.  The Pure Food and Drug Act of 1906 required producers of food and drugs to clearly label their products' contents.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 8  The 1914 Harrison Act was designed to control narcotics.  The 1951 Boggs Act increased penalties for violating drug laws and regulated both narcotics and marijuana. Drug use and abuse Drug control legislation

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9  The 1956 Narcotics Control Act increased both penalties and federal authority.  The 1970 Controlled Substances Act set forth the current drug schedules. Drug use and abuse Drug control legislation

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 10  The Eighteenth Amendment was ratified in 1919, and Congress passed the National Prohibition Act (Volstead Act).  Prohibition ended in Drug use and abuse Drug control legislation

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 By 1937, the government began to consider marijuana a serious problem, and the Marijuana Tax Act was passed. Drug use and abuse Drug control legislation

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 12 Drug use and abuse The war on drugs  Testing children for drug use  Increased penalties for drug use or sales  Drug forfeiture laws

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 13 CrossCurrents Drug use and abuse The drug du jour A patchwork of drug laws crafted over many decades Drug laws have been aimed at suppressing the negative effects of addiction. Critics: Laws are biased against certain groups of people.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 14 Drug use and abuse Drug schedules  Schedule I (no medical use; high abuse)  Schedule II (some medical use; high abuse)  Schedule III (medical use; moderate abuse)  Schedule IV (medical use; low abuse)  Schedule V (medical use; low abuse)

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 15 Drug use and abuse Drug treatment Currie's goals for treatment programs …  Taking treatment seriously  Making treatment user-friendly  Linking treatment with harm reduction  Making aftercare a priority  Linking treatment with work

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 16 Drug use and abuse Decriminalization & legalization  Legalization—the total removal of legal prohibitions  Decriminalization—the emendation of laws or statutes to lessen or remove penalties

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 17 Drug use and abuse The police and drugs The police must pursue numerous goals in controlling illegal drugs...

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 18  Addressing drug-related violence  Controlling drug-related crime  Addressing drug users' well-being  Controlling street-level dealing  Providing programs for juveniles  Dealing with large amounts of drug money Drug use and abuse The police and drugs

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 19 Drug use and abuse The police and drugs The police must deal with the laws and realities that shape the contemporary drug scene. INSERT FIGURE 15-1 HERE

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 CrossCurrents Drug use and abuse A war on many fronts Some ways prior drug use can come back to haunt a person: Driver’s license Extracurricular activities (students) Military Law enforcement Political office Property forfeiture

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 21 Gambling  Once confined to Nevada and New Jersey, many states now allow casinos and gambling establishments.  Several states have instituted state lotteries to raise money.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 22 Gambling Criteria for pathological gambling  Preoccupation  Tolerance  Withdrawal  Escape  Chasing  Lying  Loss of control  Illegal acts  Risks relationship  Bailout

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 23 Gambling  Problem gamblers present a number of concerns for the criminal justice system as well as society.  Internet gambling is difficult for the criminal justice system to control.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 24 Sex work  Prostitution  Strippers and exotic dancers  Pornography

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 25 Sex work Prostitution  Prostitution is illegal in nearly every jurisdiction in the US, except for Nevada.  Because prostitution is consensual, there is no victim to alert law enforcement.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 26  Most prostitution arrests are the result of police stings.  A hierarchy of prostitution reflects both an economic and social dimension … Sex work Prostitution

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 27  Call girl or male escort  Strippers and exotic dancers  House girls  Streetwalkers Sex work Prostitution

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 28 Sex work Strippers and exotic dancers Some communities permit strip clubs and exotic dancing, while others do not.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 29 Sex work Pornography  The exact definition of pornography is open to interpretation.  The criminal justice system relies on community standards.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 30 The policing of pornography centers on the difference between erotica and obscenity. Sex work Pornography

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 31  Violent pornography  Nonviolent, dehumanizing pornography  Erotica Sex work Pornography

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 32  Stores that sell sexually explicit materials  Pornography and the mail  The Internet Issues connected with the delivery of pornographic materials … Sex work Pornography

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 33 CrossCurrents Sex work Legitimizing sex work Will prostitution become legalized and regulated by the government? Many people advocate such ideas. Prostitutes would be allowed to advertise, write business expenses off their taxes, set pay rates, and lobby legislative bodies for worker protections.

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 34 Questions What are some of the means of social control used in the war on drugs? How has legalized gambling been transformed in the last 30 years? Considering the rapid development of the Internet, what challenges face the criminal justice system in controlling pornography?