CRIMES WITH NO VICTIMS - HOW LEGISLATING MORALITY DEFEATS THE CAUSE OF JUSTICE

• NCJ Number: 9570
• Author(s): E KIESTER
• Date Published: 1972
• Length: 82 pages
• Sponsoring Agency: New York City Mayor's Criminal Justice Coordinating Council
• Corporate Author: Alliance for a Safer New York
• Sale Source: Alliance for a Safer New York
• Language: English
• Country: United States of America

Annotation

SURVEY OF THE SOCIAL AND ECONOMIC COSTS TO SOCIETY OF SUCH VICTIMLESS CRIMES AS PROSTITUTION, HOMOSEXUAL ACTIVITIES AND DRUNKENNESS.

Abstract

THE AUTHOR DEFINES VICTIMLESS CRIMES TO INCLUDE GAMBLING, PORNOGRAPHY AND DRUG ABUSE. HE PRESENTS NARRATIVE ARGUMENTS TO SUPPORT THE POSITION THAT SOCIAL PROBLEMS SHOULD NOT BE DEALT WITH BY THE CRIMINAL LAW. HE STATES THAT IF SAFEGUARDING MORALS AND CONTROLLING CRIME ARE DIFFERENT THINGS, IT FOLLOWS THAT THE LAW HAS NO BUSINESS FORBIDDING CERTAIN ACTIONS IT NOW FORBIDS. SOME OF THESE ACTIONS DO NOT PROPERLY FALL WITHIN GOVERNMENT'S SPHERE AT ALL AND OUGHT TO BE DECRIMINALIZED, OTHERS MAY BE PROPER CONCERNS OF GOVERNMENT BUT SHOULD BE DEALT WITH BY REGULATION RATHER THAN CRIMINAL STATUTES. THE FOUNDATION OF A RATIONAL POLICY MUST BE THAT ACTS WHICH HARM NO ONE BUT THE DOER SHOULD BE BEYOND THE KEN OF THE POLICE AND THE COURTS AND SHOULD BE TAKEN OUT OF THEIR HANDS AS PROMPTLY AS POSSIBLE. NO MATTER HOW OFFENSIVE PUBLIC INTOXICATION, 'POT' SMOKING OR GAMBLING MAY BE TO MANY AMERICANS, A PLURALISTIC SOCIETY CANNOT PROPERLY USE THE POWER OF THE CRIMINAL LAW TO IMPOSE THE MORAL STANDARDS OF ONE GROUP ON ANOTHER. (AUTHOR ABSTRACT)