NCJ Number
104450
Journal
Journal of Contemporary Criminal Justice Volume: 3 Issue: 1 Dated: (February 1987) Pages: 27-37
Date Published
1987
Length
11 pages
Annotation
Arguments for decriminalizing that category of crimes known as 'victimless' crimes do not apply uniformly to all offenses and all contexts in this offense category.
Abstract
Among the arguments against the criminalization of 'victimless' crimes (homosexuality, public drunkenness, gambling, narcotics trafficking, pornography, and prostitution) are that they are exceptionally difficult to enforce, enforcement requires 'unsavory' police techniques, enforcement produces a 'crime tariff' (creates a high cost for goods and services that enriches the criminal element), and they produce ancillary crimes. Opponents of the criminalization of 'victimless' crimes argue that they are difficult to detect because of the absence of a complaining victim. This is not necessarily true, since witnesses who are offended by public displays associated with the offense may report its occurrence and provide facts to aid the investigation. Police techniques for investigating 'victimless' crimes are not necessarily 'unsavory,' depending on the techniques used to investigate or detect specific offenses and the legal restrictions placed on such techniques. The 'crime tariff' complaint applies only to narcotics and gambling, since these enterprises are yoked to compulsions not amenable to self-control in accordance with ability to pay. Ancillary crimes derived from or fueled by the criminalization of 'victimless' crimes vary in severity, incidence, and frequency according to the offense at issue. Arguments for decriminalization should focus on specific crimes rather than the broad category of 'victimless' crimes. 11 notes.