Transcript Department of Criminal Justice California State University - Bakersfield CRJU 100 Introduction to Criminal Justice Dr.

Department of Criminal Justice
California State University - Bakersfield
CRJU 100
Introduction to Criminal Justice
Dr. Abu-Lughod, Reem Ali
CRIME AND VALUES
DRUGS, GAMBLING AND SEX WORK
Use/trafficking of illegal drugs has become a very controversial
issue in the U.S. CJS
DRUG ABUSE:
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sometimes beneficial, pharmaceuticals use it for reliving
chronic pains, health issues
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some drugs made illegal
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1790-1830: alcohol pervasive in U.S.
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Quakers: saw it as a problem but government did not take a
moral stance on issue
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Government only intervened in taxing drugs and alcohol
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Farmers west of the Appalachians believed government had
no right to do that
DRUG CONTROL LEGISLATION
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More laws passed to protect people from harmful effects of drugs
E.g. Pure Food and Drug Act: 1906 passed by Congress to clearly label
what products contained
But the Act did not criminalize drugs
Harrison Act 1914 by Congress to collect tax from those who trafficked in
drugs
Then eventually U.S. moved towards criminalization of narcotics and other
drugs
1951 Boggs Act: increased penalties for violating drug laws and regulated
narcotics and marijuana in a single federal court
Narcotics Control Act 1970: set forth the drug schedules currently used to
classify drugs, and regulating drugs for tax purposes
National Prohibition Act (Volstead Act) failed to completely prevent use of
alcohol and provided opportunity for corruption and organized crime
Prohibition ended 1933
1937 Treasury Dept’s Bureau of Narcotics considered marijuana to be a
serious problem
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Marijuana Tax Act: referred to Marijuana as “devil drug,”
“assassin of youth” and “weed of madness”
Opium introduced by Chinese
Marijuana by Mexicans, but when drugs moved to
influences the middle and upper classes in society it
received more attention, particularly in the 1960s…social
movements
WAR ON DRUGS:
1) testing children for drug use. Hypothesis: if drug use
decreased, prices will decrease and less people will get
involved
2) increases penalties for drug use/sales. Based on
deterrence and legislation passed
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Drug forfeiture laws: police confiscating amount of cash, cars, other
things a person owns……..any private possession used in drug trade will
be confiscated
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DRUG TREATMENT:
From a medical perspective
Though it’s legal to possess and distribute certain drugs, it is not legal to
be a drug addict
Addiction: physical/psychological issue….dependency cycle
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TREATMENT PROGS SHOULD STRIVE FOR THE FOLLOWING:
1) making treatment user friendly, not treat individuals as criminals,
according to social/emotional needs, helping rather than punishing
2) taking treatment seriously
3) linking treatment wit harm reductions: freeing someone from drugs
should be a process not event
4) making aftercare a priority: counseling practices especially because of
reintegration
5) linking treatment with work: rehabilitate them, good skills, etc…
DECRIMINALIZATION AND LEGALIZATION DEBATE
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Some argue that the war on drugs has become serious problem to soc
than drugs
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With time alcohol has been accepted as a moderate social risk
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Though we have laws to regulate its consumption, age restrictions, etc…
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COULD THE LEGISLATION OF DRUGS FOLLOW A STRUCTURE
SIMILAR TO THAT OF ALCOHOL?
Probably not because so many different types/kinds of drugs, and each
would have to be considered for its harmful effects on society
Also, legislation of drugs would probably be incremental and some would
remain illegal
SOME ISSUES IN REGARDS TO LEGISLATION OF DRUGS:
1) marijuana: chance of being legalized, least physically harmful and is useful
as a medicine e.g. California/Arizona passes laws making it legal under
doctor’s prescription for nausea associated with chemotherapy
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Also it would be difficult for government to control its production
everywhere
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One way is to sell it and tax it as cigarettes
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2) other drugs can be legalized with more stringent regulation
e.g. heroin/cocaine medically given to people
3) drug legalization may reduce crime:
Those under the influence may continue to commit crimes as a
result of their intoxication
No fights between sellers and buyers
People would no longer steal to maintain drug habits
4) legal drugs may be more difficult for juveniles to obtain
especially because JJS treats juveniles more leniently than the
CJS. Obtaining marijuana easier than buying beer
5) respect for the law may be increased with legalization of
drugs
DECRIMINALIZATION:
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Would greatly reduce the penalties for drug use
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E.g. possession of small amount of marijuana is a misdemeanor in
many jurisdictions, whereas selling larger amounts remains a felony
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Many consider it a waste of expensive resources to incarcerate an
occasional Marijuana user who is better handled by fines, probation and
community service
THE POLICE AND DRUGS:
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Until policies change, police will always be required to deal with laws
and realities that shape contemporary drug scene
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Police will always have goals to accomplish controlling illegal drugs
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1) dealing with street level crimes, gang assoc activities
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2) controlling crimes of drug users
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3) addressing health, economic, social well-being of drug users
4) Restoring quality of life in urban communities by ending street level
dealing
5) Providing programs to help keep juveniles from getting involved with
drugs
6) Dealing with problems inherent with large amount of money in illegal
trades, police corruption and integrity of CJS
GAMBLING:
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Ambivalent attitudes toward gambling
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In some regard, it is considered consensual and a victimless activity
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However, others in society question its economic, moral and social
ramifications
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Gambling legalized across country, while state and local governments
tried to capitalize on public’s desire to risk a little to gain a lot, though
the odds are against them
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From CJ perspective, look at gambling as an activity with social
problems
First it was confined to Nevada and NJ and now almost everywhere
Government sponsored lotteries, to raise money
From CJ perspective, legalized gambling has double edged sword
1) government regulated gambling, with standards of fairness and
honesty in administration of games (organized activity)
2) also moved from behind scenes to well lit, physically secured places,
comfortable, to convenient stores and internet
Now it has its own lifestyle, where people gamble while on vacation and
for pleasure/fun
BUT IT’S ALSO PROBLEMATIC BECAUSE IT REQUIRES
INCREASED LEVELS OF ATTENTION/SECURITY FROM CJ
AGENCIES. EVEN IF IN LIT PLACES, SURROUNDING
ENVIRONMENT MAY BE DANGEROUS AND RISKY
Robert Goodman’s The Luck Business: The Devastating Consequences
and Broken Promises of America’s Gambling Explosion
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argues that neighborhoods where casinos located have negative effects
in terms of property values, urban decay. Also with casinos we see
pawn shops, bars, and others that drive stable communities out
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Also people become addicted to gambling, cannot pay bills, taxes, etc…
fall in debt
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Divert to stealing, embezzlement, drug dealing to support habit
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Also some commit suicide 5 to 10 times likely compared to others in
society
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Problem: internet allowed for more access. Efforts are being made to
pass laws to legislations to prohibit internet gambling
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UNLAWFUL INTERNET GAMBLING FUNDING PROHIBITION ACT:
illegal for credit card companies and other financial institutions to
cooperate with offshore gambling sites
e.g. Bank of America, Chase and others prohibit use of their services for
betting online
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This technology in gambling makes it even more challenging for LE
officials to control
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So now CJ shifted towards making sure that government collects taxes
form gambling economy vs. moral aspect of harmful acts
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Problems is that we keep advertising for it
SEX WORK:
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How does/should the CJS respond to regulating sexuality
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Some people argue that government should not intervene in people’s
personal lives, but CJS must respond to sexual problems thought to be
of concern
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Especially when sex is used as commodity and bought and sold
1) PROSTITUTION
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Engaging in sexual activity for money
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Illegal in almost all jurisdictions except Nevada…state licensed
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Since its consensual, then there is no victim
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Most arrests made by police officers are when PO actually pose as
customers or prostitutes
PROSTITUTION ON HIERARCHY
1) Call girls or male escort: top of hierarchy
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Work for escort service
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High fees
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Can screen clients
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Sometimes besides sex, then can go to dinner, etc..
2) Strippers and exotic dancers:
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Not all are prostitutes
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Choose their customers
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Arrange with management of bar to solicit customers for money
3) House girls:
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Work in brothels
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Run by madam and girls get % of fee
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Madam screens clients
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Disadvantage: not being able to select customers and being told when
to work, etc…
4) Street walkers
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Solicit customers on street corners, bars, etc…
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Least payment because cannot be very selective
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Often controlled by pimps
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Continually arrested
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High risk of STDs, physical violence and abuse from pimps
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TODAY WE EVEN HAVE LOWER LEVEL OF PROSTITUTES WORK IN
CRACK HOUSES AND TRADES SEX FOR DRUGS
Promiscuous in choosing sex partners
Not careful about safe sex
Likely to be raped because increased intoxication levels
SOME PEOPLE CONSIDER THAT EXCHANGE OF SEX FOR MONEY IS
MORALLY WRONG, BUT OTHERS SEEM TO BE MORE
ACCEPTABLE TO THE IDEA
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Many times sex/prostitution has become referred to as “sex tourism”
where travel agencies sponsoring tours to impoverished countries
THESE WHO ADVOCATE LEGALIZATION OR DECRIMINALIZATION
OF PROSTITUTION SUGGEST THE FOLLOWING:
1) women would have control over their sexuality (can work from home
without being arrested)
2) customers would be able to find sex without worrying for their
physical safety. Don’t have to go to unsafe places
3) prostitutes could be licensed and checked for STDs
4) government would collect taxes form legal prostitution and use
money to address issues brought about by prostitution
5) profession would be destigmatized
WHAT SHOULD WE DO?
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5) Strippers and Exotic dancer
Sometimes do not engage in prostitution. Get man’s money (drunk) without even
touching him
“counterfeit intimacy”
PORNOGRAPHY:
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Two main issues that make it problematic
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1) those who think that pictures or descriptions of nakedness and sexual activity
to be immoral considered vulgar
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2) link between sex and violence for home, humiliation of women is stimulating.
Seeing other people suffer
DIFFERENT TYPES OF “P”
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Violent P
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Non-violent but dehumanizing P
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Erotica (material non sexist and non-violence)
BUT HOW DO WE define “P” and where do we draw the line?
“community standards”
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ISSUES THAT CJS FACES IN TERMS OF SELLING SEX
1) stores that sell sex: magazines
2) pornography and the mail: L.E. cannot supervise deliveries to
people’s homes, federal government uses U.S. postal service to control
some “P” and people can be arrested, fined
3) internet and sex: challenge to CJ and L.E. officials, so how do we
combat this problem
HOW DO WE HAVE MORE “SOCIAL CONTROL” ON THESE
PROBLEMS/MORAL ISSUES WE HAVE IN SOCIETY, IF AT ALL WE
THINK THAT THEY ARE IN FACT PROBLEMS?