Theoretical Analysis
TropJ
victimlesscrimesonline.pptxVictimless Crimes
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Victimless crimes: consensual crimes (such as drugs and prostitution, abortion in a previous era, or for that matter, polygamous marriage) where both parties consent and there are no victims in the traditional sense of being against their will (no complainant)
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Do you think that there are victimless crimes?
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These crimes are very different in nature and even different illegal psychoactive substances vary.
So, think about the social policy that is best for victimless crimes.
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Major arguments for keeping consensual choices as law violation
Sir Patrick Devlin, “Without shared ideas on politics, morals, and ethics, no society can exist. If men and women try to create a society…they will fail; if having based it on common agreement, the agreement goes, the society will disintegrate. For society is not something that is kept together physically, it is held by the invisible bonds of common thought. If the bonds were too far relaxed the members would drift apart. A common morality is part of the bondage. The bondage is part of the price of society; and mankind, which needs society, must pay its price.”
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1) Society has to set a moral example and has the right to set up moral principles. In fact, all laws are essentially rooted in morality.
2) Society needs to protect us from our own poor choices; society especially needs to set an example for the young.
3) There is no such concept; society, communities, families, and friends are victimized by victimless crimes.
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MAJOR arguments against keeping consensual choices as law violation
John Stuart Mill, “That the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community against his own will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because in the opinion of other, to do so would be wise, or even right. There are good reasons for remonstrating with him or reasoning with or entreating him, but not for compelling him or visiting him with any evil in case he do otherwise.”
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He opposed state paternalism, as long as the individual was hurting him/herself and not crossing the line into hurting others.
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1) Difficult to enforce as the actions are at times not uncommon and there is no complainant.
2) It may increase secondary crime (a drug addict engages in burglary to pay for an illegal and therefore, expensive habit).
3) Organized crime flourishes if there is a demanded yet prohibited product of service
4) Medical control vs. criminal justice control (which should be utilized to lessen the problem)
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