NCJ Number
42634
Journal
Case and Comment Volume: 77 Issue: 4 Dated: (JULY/AUGUST 1972) Pages: 9-15
Date Published
1972
Length
7 pages
Annotation
ARGUING THAT THE CURRENT VICTIMLESS CRIME LAWS ARE DIFFICULT TO ENFORCE, CONSUME AN EXCESSIVE PROPORTION OF POLICE RESOURCES, AND ARE A MAJOR CRIME CAUSE IN THEMSELVES, THE AUTHORS CALL FOR REPEAL OF THESE LAWS.
Abstract
THE PENAL CODE PROHIBITS TWO KINDS OF ACTS: THOSE WHICH ARE INHERENTLY UNDESIRABLE, SUCH AS MURDER OR ROBBERY, AND THOSE WHICH SOCIETY FINDS UNACCEPTABLE, SUCH AS DRUG ABUSE OR MORAL OFFENSES. THUS, THE LAWS REFLECT SOCIETY'S VIEWS OF APPROPRIATE BEHAVIOR. THESE VIEWS ARE RAPIDLY CHANGING, HOWEVER. MANY BEHAVIORS ONCE CONSIDERED TO BE UNACCEPTABLE (AND PROHIBITED BY LAW) ARE NOW PART OF THE NORMAL BEHAVIOR OF LARGE SEGMENTS OF SOCIETY. THIS MAY BE THE CASE WITH MANY OF THE 'VICTIMLESS CRIMES', THE AUTHORS STATE. LAWS AGAINST SUCH BEHAVIORS AS PROSTITUTION, GAMBLING, DRUG USE, OR POSSESSION OF PORNOGRAPHY MAY NOW DISTRACT LAW ENFORCEMENT PERSONNEL AND THE COURTS FROM DEALING WITH OTHER, MORE SERIOUS CRIMES. THE AUTHORS OBSERVE THAT ENFORCEMENT OF THE LAWS MAY ALSO LEAD TO INCREASED CRIME BY FOSTERING CORRUPTION AND THEFT TO OBTAIN DRUGS UNAVAILABLE THROUGH LEGAL MEANS. IN ADDITION, GAMBLING AND DRUG LAWS HAVE CREATED A SITUATION IN WHICH ORGANIZED CRIME HAS BEEN DEVELOPED TO SATISFY CONSUMER DEMAND FOR THESE ILLEGAL ACTIVITIES. FINALLY, THE AUTHORS ARGUE THAT THE LAWS ARE DANGEROUS TO CIVIL LIBERTIES, SINCE IT IS DIFFICULT TO BUILD A CASE WHERE THERE IS NO REAL VICTIM AND POLICE MUST OFTEN RESORT TO QUESTIONABLE SEARCHES OR ACTIVITIES....DMC