Public-order offenses
Public-order offenses are a category of crimes that primarily reflect societal norms and conventions, often classified as misdemeanors. These offenses, which may include acts such as prostitution, drug use, gambling, and public drunkenness, are termed "crimes against morality" or "crimes of vice." Unlike inherently wrongful acts like murder, public-order offenses are considered illegal mainly because specific laws prohibit them. The perception of what constitutes a public-order offense can vary significantly across different cultures and time periods, illustrating their socially constructed nature.
Debate surrounds public-order offenses, particularly regarding whether they arise from a genuine consensus on public values. Critics argue that many of these activities are victimless, emphasizing that adults engaging in such conduct do not necessarily harm others. They contend that existing laws are arbitrary and inconsistent, pointing out disparities in the legality of different behaviors. On the other hand, supporters of public-order laws argue that these offenses can have broader societal consequences, suggesting that they can contribute to larger issues like urban decay and crime. Ultimately, this topic raises significant questions about morality, legality, and the role of societal values in shaping laws.
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Public-order offenses
SIGNIFICANCE: Crimes against the public order comprise a collection of offenses, many of which are misdemeanors. The fact that these acts are considered crimes stems primarily from societal conventions.
Public-order crimes are often referred to as crimes against morality or crimes of vice. They typically include acts of prostitution, drug abuse, drunkenness, and gambling. Unlike common-law crimes such as murder or rape, which are evil in and of themselves (mala in se), public-order crimes are crimes only because a particular law prohibits them (mala prohibita).
Public-order crimes supposedly reflect the prevailing norms, values, and opinions of the public at large. Because public-order offenses are socially constructed rather than inherently wrong, they vary according to time and location. ideas of what constitutes an offense may differ from one generation to the next and from one community to another. For example, narcotic drug use was not illegal until the Harrison Narcotic Drug Act of 1914. Likewise, some foreign countries, as well as the state of Nevada, allow sex for money.
The Public Debate
There is a major debate in the area of criminal justice as to whether vice crime is truly the result of a consensus of public values. As mentioned earlier, vice crime is characterized by immoral conduct, yet that conduct is also popular and considered pleasurable among a large segment of society. Many citizens partake in such activities and do not think they are truly wrong. In fact, many argue that public-order offenses are victimless crimes, saying that adults who seek to visit a prostitute or gamble away a paycheck are not hurting anyone. There is no complaining victim. Further, people so inclined will seek sexual pleasure or drugs no matter what the law dictates, and organized syndicates will supply the demand. Considering that these laws have failed to deter crimes for centuries, critics contend that the law should be more practical than moral.
Critics of public-order crimes also claim the laws regarding them are too arbitrary. They question why certain acts that cause great harm (like drinking alcohol) are permitted, while other acts (such as smoking marijuana) are outlawed. Similarly, they argue that the laws are too irrational. They question why a woman can pose nude for money, dance topless for paying customers, sell her voice for phone sex, and make erotic films for profit but cannot directly take money for sex.
A final argument made by critics is a philosophical one. In a democratic society, people should be able to engage in self-destructive behavior if they choose to. It is hypocritical for society to legislate morality and force virtue on others. These critics feel that morals are a private matter and that moral offenses should be reserved for religious institutions, social condemnation, or individual conscience.
Supporters of public-order crimes argue that moral offenses do have victims. The loss of one’s life savings at a roulette table or exposure to a sexually transmitted disease can destroy a family. Supporters also argue that vice crime victimizes the whole society. They believe that these “little” offenses can create a downward spiral into serious crime, as well as into urban decay and disorder. When society is disorganized, chaos ensues. Thus, according to this argument, morals act as the glue that ties society together and preserves social order.
Bibliography
Best, Joel. Controlling Vice: Regulating Brothel Prostitution in St. Paul, 1865–1883. Columbus: Ohio State UP, 1998. Print.
Critcher, Chas, and David Waddington, eds. Policing Public Order: Theoretical and Practical Issues. Brookfield: Ashgate, 1996. Print.
Meier, Robert F., and Gilbert Geis. Victimless Crime? Prostitution, Drugs, Homosexuality, Abortion. Los Angeles: Roxbury, 1997. Print.
"Public Order Offenses." Citizens Information, 1 Nov. 2023, www.citizensinformation.ie/en/justice/criminal-law/criminal-offences/public-order-offenses-in-ireland/. Accessed 9 July 2024.
"Public Safety Violations." FindLaw, 8 Sept. 2023, www.findlaw.com/criminal/criminal-charges/public-safety-violations.html. Accessed 9 July 2024.