Public Order Crimes PDF

Chapter 13 Public Order Crimes Copyright © 2013 by Nelson Education Limited. 1  Public Order Crime  Behaviour that is outlawed because it threatens the general well-being of society and challenges accepted moral principles aka “victimless crimes”: pornography,...

Chapter 13 Public Order Crimes Copyright © 2013 by Nelson Education Limited. 1  Public Order Crime  Behaviour that is outlawed because it threatens the general well-being of society and challenges accepted moral principles aka “victimless crimes”: pornography, prostitution, gambling, alcohol and drug abuse Banned acts are ones that interfere with society’s operation and ability of the people to efficiently function Statutes are controversial as they outlaw “sin and vice” Copyright © 2013 by Nelson Education Limited. 2 Law and Morality  Is there actually a victim in these “victimless crimes”? If coerced into acts, then there are victims  Criminalized and punished because acts erode moral fabric of society  Function of criminal law is to express a shared sense of public morality Who defines morality? Are we actually punishing differences, not social harm? Copyright © 2013 by Nelson Education Limited. 3 Law and Morality: Criminal or Immoral?  Some acts that appear well-intentioned and moral yet are still criminal e.g. euthanasia  “A good motive will not normally prevent what is otherwise criminal from being a crime” Some acts causing significant social harm are still legal Copyright © 2013 by Nelson Education Limited. 4  Law and Morality: Moral Crusaders  Moral entrepreneurs – person who creates moral rules to reflect values of those in power (not objective, universal standards of right and wrong) Create polarized good, bad positions on issues Want to rid society of people whose behaviour falls outside own personal standards of right, wrong e.g. anti-abortionists, pro same sex marriage Copyright © 2013 by Nelson Education Limited. 5 Everett Klippert (1965) Copyright © 2013 by Nelson Education Limited. 6 Elliott Trudeau (Justice Minister): “The state has no business in the bedrooms of the nation.” Copyright © 2013 by Nelson Education Limited. 7  Prostitution  Consensual exchange of sex for money, established by mutual agreement of the prostitute, their client and/or their employer  Canada: Act of prostitution is legal (Dec. 2014) Buying sex is criminal Profiting from the sale of sex is criminal Copyright © 2013 by Nelson Education Limited. 8  Prostitution  Illegal: To sell sex near any area where a person under 18 could reasonably be expected to be present (school grounds, playgrounds, day care centres) To purchase sexual services Communicate with the intention of buying sex To advertise sale of others’ sexual services To financially benefit from sale of sex (escort agencies, massage parlours, pimp, etc.) Copyright © 2013 by Nelson Education Limited. 9  Incidence of Prostitution  No way to assess # prostitutes working in Canada  2009: 3,534 prostitution-related offences in Canada 85% of those offences are for “stopping or impeding” vehicles or pedestrians for purpose of prostitution  Most offences are for “street” prostitution  Less is known about customers B.C. study – average age of “Johns” was 34, and 53% were white, 36% blue collar workers Copyright © 2013 by Nelson Education Limited. 10 Becoming a Prostitute  Men and women may become prostitutes for different reasons  Commonalities between genders: Come from troubled homes, extreme conflict, hostility, poor urban or rural communities Divorce, separation, death in home life Most grew up in homes with no fathers Many initiated early into sex by family members Teaches them value of their bodies & that sexual encounters can gain them affection, power, money Copyright © 2013 by Nelson Education Limited. 11 Becoming a Prostitute  Commonalities between genders: Long histories of sexual exploitation, abuse Conflict with school authorities, poor grades or a very regimented school experience Drug abuse, including addiction Main motivations: money, drugs, survival No evidence that become prostitutes because of psych problems or personality disturbances Copyright © 2013 by Nelson Education Limited. 12 Amsterdam, The Netherlands Copyright © 2013 by Nelson Education Limited. 13  Child Prostitution Worldwide problem!  In Asia an estimated 1 million children are part of the sex trade  Thailand is the leader  Sex tourism  Canada now has laws to prosecute sex tourism with minors Copyright © 2013 by Nelson Education Limited. 14 “W5 Investigates: Canadian pedophiles travel abroad for child sex”  http://www.ctvnews.ca/w5/w5-investigation-canadi an-pedophiles-travel-abroad-for-child-sex-1.1197763  https://www.youtube.com/watch?v=eu_K5wvdMAY Copyright © 2013 by Nelson Education Limited. 15 Pornography  Criminal Code prohibits production, display, sale of materials deemed “obscene”  Obscene: (Latin for filth) “any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence” (s. 163(8) C.C.)  Problem of controlling pornography is definition of obscenity Copyright © 2013 by Nelson Education Limited. 16 Pornography  Police can legally seize any material that is judged obscene But … who judges what is obscene?? Used to be the “community standards” test What “crosses the line” or is intolerable to members of community at the time Supreme Court of Canada said that what is obscene is any media that links sex with undue exploitation, violence, or degrading or dehumanizing treatment, with no redeeming social value Copyright © 2013 by Nelson Education Limited. 17 Is Pornography Harmful?  Opponents of pornography Degrades both people who are photographed and those who view it Exploits models (often poor, disadvantaged) and underage children Research reports that excessive use can lead to : Psychological distress, sexual dysfunction, problems at work, family dysfunction, social isolation Copyright © 2013 by Nelson Education Limited. 18 Is Pornography Harmful?  “Kiddie porn” under 18 or depicted as under 18 1,000,000+ child porn images cycling Internet per day! Child pornography rings- recruited by someone in a position of trust 43 217 Copyright © 2013 by Nelson Education Limited. 19 Does Viewing Pornography Cause Sexual Violence?  Some evidence (both US and Canada) that viewing sexually explicit material has some effect on behaviour. Viewing porn may be a “safety valve” for those whose impulses might have led them to violence May have unintended effect of satisfying erotic impulses Copyright © 2013 by Nelson Education Limited. 20 Does Viewing Pornography Cause Sexual Violence?  Some evidence that people exposed to violent porn are likely to be sexually aggressive toward female victims 2012 review of research – frequent exposure to Internet porn leads to unrealistic sexual values and beliefs Copyright © 2013 by Nelson Education Limited. 21 Pornography and the Law  S.2(b) of Charter – protects free speech and free expression Still subject to limitation of s.1: Charter’s rights and freedoms can be limited if justified in society Copyright © 2013 by Nelson Education Limited. 22  Pornography and the Law  R.V. Butler – distribution of obscene material is sufficiently harmful to society as to restrict its freedom of expression Any media linking sex with undue exploitation, violence, or degrading or dehumanizing treatment will almost always be considered obscene and potentially harmful to society unless larger benefit outweighs potential harm Copyright © 2013 by Nelson Education Limited. 23  Pornography and the Law  To convict a person of obscenity the courts must refer to both what the community has defined as intolerable, along with the potential harm of the material to Canadian society as a whole Copyright © 2013 by Nelson Education Limited. 24  Controlling Sex for Profit  Get-tough policy of law enforcement could make sex- related goods, services scarce therefore it drives up prices and makes sale more desirable, profitable  Alternative is to restrict sale of pornography to within acceptable boundaries Some Canadian cities now regulate adult entertainment establishments Copyright © 2013 by Nelson Education Limited. 25  Technological Change  Technological change affected sex industry/pornography Internet has become main source for acquiring pornography, “cyber sex” activities = “live” activities Copyright © 2013 by Nelson Education Limited. 26 Technological Change Canadian courts have used same Criminal Code wording to apply to obscene material produced, sold by Internet as well Amended child pornography laws to create mandatory minimum sentences for certain sexual crimes involving children and create new offence of luring children on Internet Copyright © 2013 by Nelson Education Limited. 27 Gambling  Legalized gambling a fairly recent development in Canada 1969: provinces, federal governments allowed to operate lotteries, casinos on a charitable basis Lotteries now operated almost exclusively by provinces 1985: provincial government given exclusive control over gambling Late 1980s: First Nations given right to run permanent casinos to support band requirements Copyright © 2013 by Nelson Education Limited. 28  Gambling  2008: 70% of Canadian households engaged in at least 1 gambling activity that year  2009: Government-run lotteries, video lottery terminals, casinos, slot machines generated $13.75 billion in net revenue  2022: Online gambling made legal in Ontario  Gambling now included as part of Canadian gross domestic product Copyright © 2013 by Nelson Education Limited. 29 The Law on Gambling  Anyone other than provincial governments who operates lotteries or games of chance without their permission is breaking the law Other activities (e.g. taking bets on horse-racing) are illegal under Criminal Code  Illegal gambling: Offers higher potential profit margins (but higher risks) Offers games of chance not available elsewhere Allows an outlet to those banned from legal establishments Copyright © 2013 by Nelson Education Limited. 30 Social Costs of Gambling  1.5-2.9% of Canadians have ‘moderate’ or ‘severe’ gambling problem  May disproportionately affect lower socioeconomic households  Gambling linked to debt, bankruptcy, job loss, family breakdown, substance abuse, suicide  As gambling problems increase, so may crime related to ‘feeding’ the gambling habit  Types of crimes committed by problem gamblers include: theft, forgery, B&E, credit card scams Copyright © 2013 by Nelson Education Limited. 31 Substance Abuse  A problem found everywhere in world  33% of Canadians aged 15-24 have tried illicit drugs  3 of 4 offenders entering Federal prisons have a substance abuse problem Rapid increase in the illegal use of prescription drugs With young people, 67% of drugs taken from home Copyright © 2013 by Nelson Education Limited. 32  Substance Abuse  Despite its prevalence, some still see it as a victimless crime  Great debate over decriminalization and legalization of drugs Some feel that possession of substances should be ticketed or decriminalized, fined rather than criminal conviction Others feel that use of all drugs, alcohol should be legalized but sale, distribution of drugs should be heavily penalized (decriminalized)  Some consider drug use to be a private matter while others see it as dangerous Copyright © 2013 by Nelson Education Limited. 33 Alcohol and Its Prohibition  Temperance movement at turn of last century to prohibit alcohol sale Fuelled by belief that cultural purity being destroyed by city growth Led by lobbying groups such as Women’s Christian Temperance Union  1878: Canada Temperance Act passed  By 1916: all provinces but Quebec had imposed total ban on retail sale of alcohol  Prohibition support waned by early 1920s  Most legislation repealed by 1930 Copyright © 2013 by Nelson Education Limited. 34 Extent of Substance Abuse  Use of mood-altering substances in Canada persists despite control efforts  Much controversy over nature and extent of drug abuse 2001: federal parliamentary committee suggested decriminalizing possession, cultivation of