Public Order Crimes and Morality
24 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What criterion is used to judge whether material is considered obscene under Canadian law?

  • The commercial success of the material
  • The dominant characteristic's exploitation of sex and other subjects (correct)
  • The age of the participants in the material
  • Community preferences at all times

    • What is one potential psychological effect of excessive pornography use, according to the content?

  • Increased social interactions
  • Enhanced sexual performance
  • Greater community engagement
  • Psychological distress (correct)

    • What led the Supreme Court of Canada to redefine the understanding of obscenity?

  • The need for economic regulation
  • Increased access to pornography
  • The rise of child exploitation cases
  • Changing community standards (correct)

    • What is a common issue associated with the definition of obscenity?

    <p>It lacks a singular authority to determine it</p> Signup and view all the answers

    What connection is questioned regarding pornography and sexual violence?

    <p>That it may pacify certain violent impulses</p> Signup and view all the answers

    How do opponents of pornography view its impact on individuals?

    <p>It degrades individuals and exploits models</p> Signup and view all the answers

    What type of pornography is defined as 'kiddie porn'?

    <p>Pornography depicting individuals under 18 years old</p> Signup and view all the answers

    Which statement accurately reflects the challenge law enforcement faces regarding obscene materials?

    <p>Judgments about obscenity can differ between communities</p> Signup and view all the answers

    What is a defining characteristic of public order crimes?

    <p>They challenge accepted moral principles.</p> Signup and view all the answers

    Which of the following is NOT categorized as a victimless crime?

    <p>Theft</p> Signup and view all the answers

    What is the primary function of criminal law regarding public order crimes?

    <p>To express a shared sense of public morality.</p> Signup and view all the answers

    What is a moral entrepreneur?

    <p>An individual who creates moral rules reflecting the values of the powerful.</p> Signup and view all the answers

    In Canada, the legislation surrounding prostitution allows what activity?

    <p>Selling sex.</p> Signup and view all the answers

    How can a good motive affect the legal status of an act?

    <p>It does not typically prevent the act from being criminal if it is deemed illegal.</p> Signup and view all the answers

    Why might statutes against victimless crimes be considered controversial?

    <p>They infringe on individual rights and freedoms.</p> Signup and view all the answers

    What might be a consequence of criminalizing acts that some consider to be victimless?

    <p>A division in public opinion regarding moral standards.</p> Signup and view all the answers

    What is a potential societal consequence of frequent exposure to violent pornography?

    <p>Unrealistic sexual values and beliefs</p> Signup and view all the answers

    According to law, what can justify the limitation of freedom of expression under the Charter?

    <p>Potential harm to society</p> Signup and view all the answers

    Under what circumstances can media that link sex with violence or exploitation be considered obscene?

    <p>Unless the larger benefit outweighs potential harm</p> Signup and view all the answers

    What is a primary legal requirement to convict someone for obscenity in Canada?

    <p>Community standards of intolerance</p> Signup and view all the answers

    What might be an unintended effect of a strict anti-pornography enforcement policy?

    <p>Scarcity of sex-related goods and increased prices</p> Signup and view all the answers

    How has technological change affected the pornography industry?

    <p>Internet becoming the main source for pornography</p> Signup and view all the answers

    What is a result of regulating adult entertainment establishments in some Canadian cities?

    <p>Better alignment with community standards</p> Signup and view all the answers

    What describes the balance sought by the law regarding pornography and societal harm?

    <p>Balancing rights with community-defined standards of harm</p> Signup and view all the answers

    Study Notes

    Public Order Crimes

    • Public order crimes are behaviors outlawed because they threaten the general well-being of society and challenge accepted moral principles.
    • These are often referred to as "victimless crimes," examples include pornography, prostitution, gambling, alcohol and drug abuse.
    • Banned acts interfere with society's operation and the ability of people to function efficiently.
    • The statutes outlawing them are considered controversial because they outlaw "sin and vice."

    Law and Morality

    • The question of whether "victimless crimes" truly have victims is raised. If someone is coerced into an act, that act can be considered criminal but not "victimless."
    • Criminal acts erode the moral fabric of society. The purpose of criminal law is to generally express a shared sense of public morality.
    • The question exists as to who defines morality and whether the punishment of differences is actually a response to social harm.
    • There are acts that appear moral and well-intentioned but are still considered crimes (e.g., euthanasia).

    Law and Morality: Criminal or Immoral?

    • Some acts that seem well-intentioned and moral are still considered crimes.
    • For example, euthanasia.
    • A good motive does not automatically prevent an act from being criminal.
    • Some acts causing significant social harm remain legal.

    Law and Morality: Moral Crusaders

    • Moral entrepreneurs are individuals who create moral rules reflecting the values of those in power. These rules aren't necessarily objective.
    • They polarize issues into "good" and "bad."
    • Moral entrepreneurs want to remove those whose behavior goes against their personal standards of right and wrong. (e.g., anti-abortionists, pro same-sex marriage advocates).

    Everett Klippert (1965)

    Elliott Trudeau (Justice Minister):

    • "The state has no business in the bedrooms of the nation."

    Prostitution

    • Consensual exchange of sex for money, established by mutual agreement between the prostitute, client, and/or employer.
    • In Canada, the act of prostitution is legal (December 2014).
    • Buying sex is criminal.
    • Profiting from the sale of sex is criminal.
    • Prostitution is considered illegal in certain circumstances (e.g., within a certain distance of a school or other public place with minors present). Acts like advertising prostitution and benefiting financially from others' prostitution services are also illegal.

    Incidence of Prostitution

    • It is difficult to assess the number of prostitutes in Canada.
    • In 2009, there were 3,534 prostitution-related offences, with a significant portion related to obstructing traffic.
    • Most offences are for "street" prostitution.
    • Studies indicate that "Johns" (customers) are primarily white and middle-aged.

    Becoming a Prostitute

    • Men and women may become prostitutes for various reasons.

    • Commonalities between genders include troubled pasts, conflicts at home, and social adversity.

    • Often have a history of violent sexual abuse and social adversity.

    Amsterdam, The Netherlands

    Child Prostitution

    • An estimated one million children in Asia are involved in the sex trade.
    • Thailand is a leading contributor to this issue.
    • The growing global issue of sex tourism frequently involves minors, and Canada has laws to prosecute it.

    Pornography

    • The Criminal Code prohibits the production, display, and sale of obscene materials.
    • Obscene material is defined as any publication with a dominant characteristic being the undue exploitation of sex, or of sex along with crime, horror, cruelty, and violence.
    • The police can seize obscene material, but there is debate on what constitutes obscenity in this regard. Community standards once played a role in determining obscenity; however, courts now apply a test based on whether media links sex with undue exploitation or degrading/dehumanizing treatment without redeeming social value.
    • Determining obscenity remains a problem

    Is Pornography Harmful?

    • Opponents of pornography argue that it degrades people, exploits those of less economic standing, and targets underage children. Research suggests excessive use may cause psychological distress, sexual dysfunction, and social isolation.
    • "Kiddie porn" is a significant issue, with millions of images being circulated. Images frequently depict children under 18.
    • Some evidence suggests there is a possible correlation between viewing sexually explicit material and aggressive behaviors in some individuals.

    Does Viewing Pornography Cause Sexual Violence?

    • Some evidence indicates a link between exposure to violent pornography and sexually aggressive behavior towards females.

    • A 2012 research review concluded that frequent exposure to internet pornography can lead to unrealistic sexual values and beliefs.

    Pornography and the Law

    • Section 2(b) of the Charter protects free speech and expression, but there are limitations.
    • The Supreme Court of Canada has ruled that any media linking sex with undue exploitation, violence, or degrading treatment is obscene unless the larger benefits outweigh the harm to society.
    • To convict someone of obscenity, courts consider both community standards and potential harm to society.

    Controlling Sex for Profit

    • A strict, "tough-on-crime" approach to control sex-related goods/services may create a scarcity issue, driving up prices and making the sale more profitable.
    • Restricting the sale of pornography to acceptable boundaries is a potential alternative, and some cities now regulate adult entertainment establishments.

    Technological Change

    • Technological advancement has altered the sex industry, transforming how pornography is acquired.
    • The Internet has become the primary source for obtaining this content and has enabled new forms of "cyber sex" that mirror or resemble "live" activities.
    • The criminal code applies to this evolving form of pornography. Children involved on the Internet are a critical concern and have triggered new child pornography laws in Canada with mandatory minimum sentences.

    Gambling

    • Gambling is a fairly recent development in Canada. Prior to 1969, provinces had limited lottery options.
    • Provincial governments now generally hold exclusive control.
    • Indigenous communities (First Nations) have been granted the right to operate casinos.
    • Gambling's popularity in Canada is substantial. In 2008, over 70% of Canadian households participated in gambling activities.
    • Revenue for government gambling operations has grown dramatically since the beginning of the 21st century and remains high. Online gambling is now offered legally in some sections of Canada.

    The Law on Gambling

    • Anyone operating lotteries or games of chance without provincial permission breaks the law.
    • Unlicensed gambling, such as betting on horse races, is illegal under the Criminal Code.
    • Illegal gambling often comes with higher potential profit margins but increased risk.

    Social Costs of Gambling

    • A significant portion of Canadians experience gambling problems (1.5–2.9%).
    • Gambling problems can disproportionately affect lower socioeconomic households.
    • Gambling is linked to various negative outcomes, including debt, bankruptcy, job loss, family breakdown, substance abuse, and suicide.
    • Increased gambling problems often lead to a range of crimes, including theft, forgery, home break-ins, and credit card fraud.

    Substance Abuse

    • Substance abuse: A worldwide problem, affecting Canadian citizens across all socioeconomic levels.

    • A significant percentage of convicted individuals have substance abuse issues.

    • Illicit drug use has increased, particularly among young people. Prescription drugs are often the source of this problem in younger age groups

    • Debate exists concerning the decriminalization or legalization of certain substances. Some argue for greater punishment, others advocate for decriminalization of possession, arguing that it is not a crime, but rather a form of private behavior.

    Alcohol and Its Prohibition

    • The temperance movement: Historically influential in curbing alcohol sales in Canada during the 20th century.
    • Driven by beliefs about maintaining social purity and the impact of city growth and urbanization on community values.
    • Supported by prominent groups like the Women's Christian Temperance Union.
    • An act was passed in 1878, but it was not until 1916 that a total ban on alcohol sales was implemented in most provinces, except for Quebec.
    • Support for total prohibition waned by the early 1920s.

    Extent of Substance Abuse

    • The use of mood-altering substances persists in Canada despite control efforts, generating ongoing debate.
    • The controversies encompass the nature and extent of substance-use issues, including legalization discussions and ongoing controversies over marijuana legalization.
    • Significant legal and public consideration has been given to regulating other substances and activities related to drug use.
    • Safe injection sites were established in certain areas to combat the spread of HIV and other blood-borne illnesses.
    • Patterns in drug use have changed, declining in the 1980s and subsequently increasing.
    • The increased accessibility of many substances, particularly for young people, is considered as a significant contributing factor.

    Causes of Substance Abuse: Subcultural View

    • The subcultural perspective views drug use as rooted in environmental factors like racial prejudice, devalued identities, socioeconomic status, mistrust, and negativism.
    • Peer influence/gangs are believed to play a role.

    Causes of Substance Abuse: Psychological View

    • Psychological factors such as personality disorders, impaired cognitive function, and emotional problems can contribute to substance use.
    • Mental illnesses such as schizophrenia and depression are often comorbid with substance use.
    • The use of drugs can be a coping mechanism to mitigate emotional distress related to factors such as trauma.

    Causes of Substance Abuse: Genetic Factors

    • Children of alcoholic parents who are raised by non-alcoholic adoptive parents often exhibit a higher rate of alcohol problems.
    • Research has identified biological/genetic tendencies that can increase susceptibility to substance use, like tobacco addiction in teenagers versus people who don't develop such addictive behaviors.

    Causes of Substance Abuse: Social Learning

    • Drug use can be learned through observation of others, particularly parents.
    • Exposure and modeling of drug use from parents and peers, particularly among younger age groups, significantly contributes to substance use patterns.
    • Family violence and/or sexual abuse history as a child may be comorbid with drug abuse/consumption patterns later in life.

    Causes of Substance Abuse: Problem Behavior Syndrome

    • Substance abuse is often linked to a wider range of problematic behaviors.
    • Often, this is characterized by individuals exhibiting a lack of commitment to religious values, prioritizing peer interactions above education, and displaying emotional distress and alienation.
    • There's often a correlation between substance abuse and other problems such as delinquency, pre-teen pregnancies, and violence.

    Causes of Substance Abuse: Rational Choice

    • Some people use drugs/alcohol because they enjoy the effects, such as relaxation or increased creativity, and/or to deal with other issues like emotional distress, escape reality, or to increase sexual and/or social responsiveness.

    • The decision of using drugs/alcohol is a reasoned, yet often mistaken belief, that substance use benefits the individual through coping or mitigating other life pressures.

    • Teenagers may begin using drugs because their peer group engages in the behavior.

    Is There a Single "Cause" of Drug Abuse?

    • Multiple factors, including family dynamics, social interaction and peer influence, psychological circumstances and mental health illness, individual coping mechanisms, genetics, and personal choices, contribute to substance abuse. No single factor is responsible.

    Drugs and Crime

    • Drug-related crimes are diverse.

    • Different forms of crime are related to drug use such as violent behaviors, petty crimes, and involvement in illegal drug markets.

    Drugs and the Law

    • History of drug-control legislation in Canada.
    • The legal landscape surrounding drug use (e.g., the Controlled Drugs and Substances Act).
    • Actions relating to the control of alcohol-related criminal behaviors in Canada.

    Drug Control Strategies: Source Control

    • Deter sales and importation through strict enforcement of drug laws targeted at large-scale dealers.
    • Challenges associated with this approach include the vast scope of drug trade, reliance on violence/corruption for large-scale drug dealers, and a large amount of narcotics produced globally.

    Drug Control Strategies: Interdiction

    • Stopping the flow of drugs at the borders through military and law enforcement means.
    • High cost + impossibility of fully stopping all drug importation/infiltration.
      • Home-grown drug production would likely increase if importation ceased.

    Drug Control Strategies: Law Enforcement

    • Street-level efforts to target and arrest drug dealers.
    • Using reverse sting operations and laws to seize drug dealers' assets.
    • Limitations of such an approach, including clogged court systems and correctional institutions, and displacement of criminal behavior.

    Drug Control Strategies: Punishment

    • Courts impose severe penalties on convicted drug traffickers and dealers to deter future criminal behavior.

    Drug Control Strategies: Community

    • Local community involvement to combat drug use and re-establish a sense of community.
    • Citizen-sponsored programs attempt to address the issue in high-drug-use areas, reduce fear, and promote community norms.

    Drug Control Strategies: Drug Education

    • Educational programs primarily aimed at dissuading young people from drug involvement. Teaching resistance skills to peer pressure through DARE programs.
    • Effectiveness in reducing drug use among all participants is uncertain.

    Drug Control Strategies: Drug-Testing

    • Use of drug tests in private and governmental sectors, as well as in the criminal justice system, are sometimes used to deter substance abuse.
    • Effectiveness and implications for public safety remain a subject of debate and concern.

    Drug Control Strategies: Treatment

    • Programs that address substance/alcohol use in individuals to aid recovery and/or to reduce continued use in individuals.
    • Comprehensive programs involving wilderness training, group sessions, residential programs, methadone programs, and therapeutic programs are often part of such plans.

    Drug Control Strategies: Employment

    • Supporting substance abusers in finding and keeping jobs through vocational rehab, job-training programs, and skills-building activities.
    • Programs are intended to reduce substance use while creating and supporting job-seeking skills; effectiveness is unclear.

    Decriminalization and Legalization

    • Drug enforcement costs $500 million annually.
    • Surveys show a majority in favor of decriminalizing substances.
    • Decriminalization/legalization may reduce drug-related crime and/or limit harm.
    • However, opponents fear that this could lead to increased drug use, more deaths, and loss of government tax revenue related to the production, sale and use of these substances.

    Summary

    • Public order crimes, including prostitution, pornography, gambling, and substance abuse, challenge the boundaries of societal well-being and morality.
    • Defining and controlling these issues remains politically and socially contentious.
    • Many theories/factors contribute to individuals experiencing drug or alcohol abuse problems and no single theory accurately explains all drug abuse issues.
    • Multiple control strategies have been implemented but their efficacy remains a subject of ongoing debate.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Public Order Crimes PDF

    Description

    Explore the complex relationship between public order crimes and societal morality. This quiz delves into the concept of 'victimless crimes' and raises questions about the definitions of morality and its impact on law. Engage with thought-provoking scenarios that challenge accepted norms and the consequences of such outlawed behaviors.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser