Crimes Against Public Order. In some legislative contexts, public interests take

Question

Crimes Against Public Order. In some legislative contexts, public interests take precedence over individual rights and freedoms, and the crimes appear to be "victimless." One example of this is the criminal prohibition of prostitution. Please explain and analyze the rationale for the enactment of crimes which are arguably in this category, and give the pros and cons for such legislative action. Give several examples of crimes in this category and use the examples to illustrate the justification for and criticism of the enactment of "victimless crimes."

Explanation / Answer

public-order crime is defined as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs.

Public order crime is now the preferred term by proponents as against the use of the word "victimless" based on the idea that there are secondary victims (family, friends, acquaintances, and society at large) that can be identified.A victimless crime is a term used to refer to actions that have been made illegal but which do not directly violate or threaten the rights of any other individual.

The most common examples of crimes against public order are:

In some jurisdiction, public order crimes may or may not include the following:

-The designation of prostitution as different from other work emphasises the distinction between sex work and other forms of dangerous, low-status labour undertaken by women, such as domestic or factory work. It hides the commonality, the shared experience of exploitation which links people in all such work.When estimating the hidden number of traffi cking crimes, keeping in mind that the majority of known traffi cking victims are women, it might be informative to look at the reporting practices of women in general and their relationship with affl uence. When reporting practices of women are compared with the human development indicators, it can be noted that women from less developed countries tend to report less in general than women who live in more affl uent countries. In addition, traffi cking victims are often even more reluctant than other victims to report crimes because of fear of retaliation by traffi ckers or deportation by authorities.On the other hand the “visibility bias” is the dea that trafficking for forced prostitution is more likely to be detected than traffi cking for forced labour. Prostitution (whether forced or voluntary) involves the general public because it must be visible – taking place in streets, bars or public spaces in urban areas – to attract potential clients. Conversely, most of the victims of forced labour often work in hidden locations, such as agricultural fields in rural areas, mining camps and garment factories or within the closed environment of a house in the case of domestic servitude. As a consequence, the detection of victims of traffi cking for forced labour is less probable than the identifi cation of victims of trafficking for forced prostitution.

Because 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.

FAVOUR OF LEGALIZATION

AGAINST LEGALIZATION

Those 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.

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