Chapter 12 Flashcards
Public Order Crimes
Activities deemed illegal because they’re viewed as immoral or harmful, even though the parties who engage in them do so by choice
Public Order Crimes Examples
Gambling, Prostitution, Pornography, Substance abuse, Vandalism, Graffiti
Which two general theoretical orientations can the law be interpreted with?
- Consensus Perspective
- Conflict Perspective
Consensus Perspective
A criminological perspective that sees laws as representing the interests of society
Conflict Perspective
A criminological approach that sees laws as representing the interests of specific groups in society
Gambling
-Gambling is covered in sections 197-209 in the Criminal Code as gaming and betting
-Legalization undermines the exploitation of gambling by organized crime groups
-It is lucrative enterprise in Canada, drawing annual revenues of over $15 billion
-Casinos on First Nations’ lands give Indigenous peoples an opportunity to benefit economically from provincial casino revenues
Compulsive gamblers
those who experience gambling addiction; they often struggle with other addictions and certain psychiatric disorders. this addiction involves various environmental, psychological, and social factors and threatens public order and increases both health-care costs and criminal activity
Prostitution
- the practice or occupation of engaging in sexual services in exchange for money
- often those who benefit are not the sex workers but the pimps and organized criminals who run the business
- Canada’s prostitution laws were successfully challenges in the Supreme Court in 2013
Vagrancy
the crime of being intentionally unemployed and therefore having no lawful means of supporting oneself or one’s family (prostitution was prohibited under this)
Fraser Report
A 1985 report of the SCPP calling for amendments to old sex work laws, which they described as outdated and vague
Canada v. Bedford Case
Supreme Court of Canada case that struck down prostitution laws claiming they made the practice of sex work - legal in and of itself - extremely dangerous. Until 2013, prostitution was “legal” except for a variety of acts (soliciting and procuring); made it impossible for a sex worker to work safely without breaking laws
Protection of Communities and Exploited Persons Act
Passed in 2014 to criminalize those who buy or profit from sex work, apart from sex workers themselves
Constitutional Challenges and a New Prostitution Law
-Under the new law, it is legal to solicit for the purpose of selling sexual services, provided this activity does not take place anywhere where people under the age of 18 might be
-Legal to advertise one’s own sexual services, but third-place advertising is illegal
-Illegal to purchase sexual services - a big change over previous laws
The Status of Prostitution Under the New Law
-views sex workers as prostitution’s primary victims
-Aim is to reduce the demand for sex workers with a view to ultimately abolish it
-Critics say sex workers shouldn’t be called victims, because apparently sex work is legit work; legalization makes it safe for workers
Four goals in the decriminalization process for prostitution
1.Prevent sexual procurement of children and youth
2.Protect prostitutes from pimps and customer violence
3.Encourage prostitutes self-employment
4.Protect bystanders from nuisance
What are the average ages of female and male sex workers?
28 and 35
What is the average age females enter sex work?
15
Statistic fact
Between 1991 and 2014, 2% of homicides were sex workers. 96% of those were women, and 71% were Indigenous
Statistic fact 2
The clearance rate for murders of sex workers is 34%, compared to 77-85% for other homicide victims
Why people engage in sex work: Feminist perspectve
Varied. Some view it as a legit job and argue for decriminalization; radical feminists are normal and know it’s a by-product of patriarchy
Why people engage in sex work: Functionalist perspective
views sex work as part of our social institutions, contributing to stability
Why people engage in sex work: Social-psychological approach
acknowledges history of abuse of many sex workers as well as other social challenges
Why people engage in sex work: Political economy perspective
argues that social inequalities force some women to turn to sex work out of economic necessity
Male Sex Work
-Until recently, the subject of male prostitution has been largely overlooked
-male sex workers experience many of the same dangers and risks as females
-Misconceptions as to who sex workers are and why they enter the profession
Pornogrpahy
Refers to a public-order offence relating to explicit descriptions, or representations of sexual activity prohibited by law
Pornography and the Law
-These crimes listed under “Offences Tending to Corrupt Morals” in section 163 to 169 of Criminal Code
-163 makes it illegal to possess, produce, sell, show, or distribute porno
-163.1 deals with child porn
Substance Abuse
-Abuse of alcohol and drugs can affect the sense of public order because of the altered behaviour expressed by people under their influence
-Drug epidemic in NA since 1960’s
History of Substance Use and Abuse
-In ancient times, alcohol was psychoactive substance
-19th century, alcohol was used and abused in Western world
-In canada, alcohol prohibition from 1918 to 1920
-drug regulation became an issue in late 1800s in NA
Drugs and the Law
-The Controlled Drugs and Substances Act replaced Canada’s Narcotic Control Act in 1996
-The new law covers everything from possession and punishment to “forfeiture of proceeds of crime”
Alcohol regulations
-Not regulated like other drugs
-Strong link between alcohol use and criminal activity
Three broad classes of psychoactive drugs
- Stimulants: tend to elevate the user’s sense of well-being. Sometimes referred to as “uppers”, these drugs keep the user alert and able to resist fatigue
- Depressants: slow the central nervous system. They can induce sleep, alleviate pain, relax muscles, reduce anxiety, and create a sense of euphoria
- Hallucinogens: create an altered state of awareness. Week is the most popular. Others like PCP and LSD
Trends of Substance Abuse
-2005 survey reported just over 79% of Canadians aged 15+ consumed alcohol
-Over 22% of those who drank exceeded the standard for low-risk drinking
-17% of Canadian drinkers engaged in hazardous drinking.
-strong link between controlled substance abuse and criminal behaviour
-Tobacco is “silent killer”
