Chapter 11 Crimes Against Public Order I see

Chapter 11 Crimes Against Public Order “I see there is a people risen and come up that I cannot win either with gifts, honors, offices or places…” Oliver Cromwell (1599 -1658) Copyright © 2006 Pearson Education Canada Inc. 11 - 1

Learning Objectives Recognize the relationship between law and morality. Be familiar with the various types of public order offences. Be familiar with the characteristics and nature of public order offences such as gambling, prostitution, pornography, and substance abuse. Have an awareness of the implications of public order offences on society. Appreciate the difficulty in regulating public order offences. Copyright © 2006 Pearson Education Canada Inc. 2

Are these crimes “victimless”? Relative and evolutive concept Consensus vs. conflict perspective Law and Morality n n n Who’s doing the deciding? the “ruling” morality Are church & state separate? Homosexuality vs. lottery tickets or VLT Copyright © 2006 Pearson Education Canada Inc. 3

Gambling Sec. 197 -210 Role of tolerance and morality “Catch-22” – revenue increase but more addiction & treatment costs Trends: n n Who benefits from the legalization (e. g. , Atlantic provinces, First Nations’ reserves) Males, late 30 s, employed, less than college education Copyright © 2006 Pearson Education Canada Inc. 4

Causes Parenting issues Impulsive disorder Learned behaviour Copyright © 2006 Pearson Education Canada Inc.

Prostitution Sec. 210 -213 - Technically ‘legal’ Badgley Report and Fraser Report Trends: n n Social outcasts = women, drug habits, poverty, abuse history, low self-esteem…. Socially ignored = men, buyers, abuse history, economics, balance of power…. Economics as the driving force and/or drugs as the pimp Barriers to exit – housing & economics Copyright © 2006 Pearson Education Canada Inc. 6

Types of Prostitution Streetwalkers Bar & Massage. Parlours House prostitutes Call girls & Escorts Male prostitutes gameboy(s) study in AB and BC Causes the same? Legalisation the same effects? Copyright © 2006 Pearson Education Canada Inc. http: //www. stoptheabuse. org. nz 7

Prostitution Does legalisation make it “better”? Make violence go away? What keeps prostitution going? The “oldest profession” – CAUSES/WHY? n n n Biology to feminist interpretations Socio-psychological Functionalism and economic gain Among Canadians no consensus Copyright © 2006 Pearson Education Canada Inc. 8

Pornography As Justice Stewart said in Jacobellis v. Ohio (1994), a case dealing with hard-core pornography, “I can't define it, but I know it when I see it. ” Copyright © 2006 Pearson Education Canada Inc. 9

What is it? Plato once asked…. ‘what is the proper role or function of art. ’ porno =“prostitute” & graphen =“to write” Obscenity derived from Latin for “filth” How to decide? Who decides? n n n “Playboy” vs. “Playgirl” Chic vs. Swank “Stone Angel” vs. MTV Copyright © 2006 Pearson Education Canada Inc. 10

Pornography and the Law Sec. 163 -169 Anti-culture, anti-conscience, anti-God, anti-family? Literature vs. feminists and fundamentalist groups Facilitate expressions of violence? Copyright © 2006 Pearson Education Canada Inc. 11

Substance Abuse: A Brief History Since the dawning of time most societies have used mind/mood altering substances Downfall of the Roman Empire? Varying degrees of being socially acceptable until… Late 1800 s and regulations Copyright © 2006 Pearson Education Canada Inc. 12

Drugs and the Law Weekend binge vs. overuse or physical and/or psychological dependency The Controlled Drugs and Substance Act ’ 96 1997 1 st cannabis café Hemp stores… what is the trend Copyright © 2006 Pearson Education Canada Inc. 13

Characteristics and Trends Alcohol socially accepted vs. others? Young males; with higher incomes; college drinking Health Canada’s “normal” rate of consumption = 14 drinks/week (Scurr, AADAC, October 2004) Alcohol consumption down but most problem drug for adults according to AADAC 75% Canadians support prevention programs Link between substance abuse and violent crime high Copyright © 2006 Pearson Education Canada Inc. 14

What does it do for ya? Hypocrisy? n Smoking and drinking by adults vs. their children’s behaviour Psychological and psychiatric effects well documented False sense of well-being Illicit Drugs CNS: stimulants, depressants & hallucinogens Copyright © 2006 Pearson Education Canada Inc. 15

Explaining Addiction No one theory able to address ALL factors Biology? Psychology? Sociology? Need to distinguish between: n n n Factors that contribute Factors causing to maintain Reasons for relapse Copyright © 2006 Pearson Education Canada Inc. 16

Is it a Moral Issue? Tobacco…. n First Nations consider its use sacred in rituals (relative) Vitamins vs. drugs Right to choose Values and beliefs constantly changing Copyright © 2006 Pearson Education Canada Inc. 17

Summary Public order offences an “age-old” problem Is behaviour a matter of free will or (soft) determinism? Public order a form of victimless crimes? Athenians: Do it but just don’t get caught… prepared to face the consequences? Where do we draw the lines of social control vs. personal rights? Copyright © 2006 Pearson Education Canada Inc. 18