Crimes of Morality and Public Order: Definitions and Patterns

1. Crimes of Morality and Public Order: Definitions and Patterns

Crimes of morality and public order are categories of offenses that typically involve actions that society deems harmful to its moral fabric or disruptive to public peace and order. These crimes are often characterized by their focus on the broader welfare of the community.

The classification and acceptance of these crimes can vary widely across different cultures and legal systems. Additionally, societal attitudes and legal perspectives on what constitutes a crime of morality or public order may evolve over time. Here, we will examine two of the most prominent examples of these crimes: prostitution and drug use.

1a. Prostitution

The question of whether prostitution is considered a crime against morality is subjective and varies across different societies, cultures, and legal systems. As we know, morality is a complex and culturally dependent concept, and attitudes toward prostitution can differ widely.

In some societies, prostitution is viewed as morally unacceptable due to religious beliefs, cultural norms, or historical traditions. These perspectives often associate sex work with notions of immorality, sin, or indecency. Some argue that engaging in commercial sex may be seen as a violation of societal norms regarding sexual behavior and the sanctity of intimate relationships.

However, it is important to note that perspectives on morality can change over time, and different individuals and cultures may have varying opinions on this matter. In some places, there is a growing recognition of the need to decriminalize or regulate prostitution, emphasizing the rights and safety of sex workers.

did you know

In the United States, prostitution laws vary at the state level, as the regulation of prostitution is primarily a state and local matter. There is no federal law explicitly criminalizing or legalizing prostitution. Prostitution is illegal in most U.S. states, except for Nevada, meaning both the buying and selling of sex for money are criminalized. In Nevada, however, certain counties allow regulated and licensed brothels. In other states, prostitution can be a misdemeanor or a felony, depending on the state and the specific offense.

Prostitution laws are not enforced consistently throughout the United States. Prostitution is underreported, and arrest rates of sex workers are dependent on local variances in law enforcement practices. Therefore, reliable statistics for prostitution are difficult to acquire. However, we do know that 19,811 people were arrested for prostitution in the United States in 2019 (Federal Bureau of Investigation [FBI], 2019b).

hint

Laws regarding sex trafficking are distinct from those related to consensual adult prostitution. Many states have laws specifically targeting human trafficking for sexual exploitation.

term to know

Prostitution

The practice or occupation of engaging in sexual activity with someone for payment.

1b. Drug Use

Drug use is considered a public order crime for several reasons. First, it is associated with a range of negative consequences that can affect public safety.

EXAMPLE

Individuals under the influence of drugs may engage in behavior that poses a threat to themselves and others, such as impaired driving or violence.

Moreover, the use of drugs can contribute to social disruption. Communities may experience increased crime rates, disorderly conduct, and other problems associated with drug addiction. This can create a sense of insecurity and unease among the public. Thus, laws and regulations are often based on societal norms and values. Many societies consider drug use as a behavior that goes against accepted norms, leading to its classification as a public order crime.

Perspectives on drug use and its criminalization can vary widely across different societies and over time. Some argue for a shift toward treating drug abuse as a public health issue rather than a strictly criminal one, emphasizing rehabilitation and harm reduction over punitive measures. Public attitudes and legal approaches to drug use continue to evolve, reflecting changing societal views and a growing understanding of addiction as a complex health issue.

The correlation between drug use and crime is well known, well documented, and real (Bennett et al., 2008). However, it is important to remember that correlation (i.e., a relationship between variables) does not necessarily mean causation (i.e., one variable causes the change in another variable). There are numerous variables at play when trying to understand either criminal or drug-using behavior, let alone how the two relate to each other.

Drug criminalization has been shown to be an ineffective method for controlling or preventing drug use. Evidence from the criminologists Robinson and Scherlen (2014) indicates that prohibition has exacerbated problems associated with drug use and addiction.

Criminal justice data seem to support these findings:

1. Statistics indicate that under prohibition, drug use has become much more widespread and that young people are using drugs at younger ages.
2. Drugs have steadily become more potent under prohibition.

Designer drugs are examples of drugs that are prohibited but are widely used among young people and have become more potent over time. Designer drugs refer to drugs created in underground or secret labs by changing the chemical properties of other preexisting drugs. Some examples include the following:

• MDMA (3,4-methyl​enedioxy​methamphetamine), or “ecstasy”
• MDA (3,4-3,4-methyl​enedioxy​amphetamine), or “molly”
• GHB (gamma hydroxybutyrate)
• Synthetic stimulants (e.g., bath salts and flakka)
• Cannabinoids (e.g., Spice and K2)
• Fentanyl

Drugs naturally occurring or derived from natural substances include:

• Cocaine
• Morphine
• Codeine
• Heroin
• Cannabis

EXAMPLE

Even natural cannabis has increased in potency over time with the emergence of increasingly stronger strains and the advent of butane hash oil and other concentrates such as wax and shatter.

Finally, prohibition may also aggravate the problems some communities have with the police. When drug possession is treated as a criminal offense, both users and dealers take steps to hide what they are doing. In this situation, the demand for potent and concealable substances will be high, and there will be less interest in weaker versions of the drug. This was also true during alcohol prohibition.

EXAMPLE

Beer and ciders became less common during prohibition, while high-proof hard alcohol became more readily available.

Criminologists, like Owusu-Bempah and Luscombe (2021), found that there is also evidence to indicate that drug laws are enforced against racial minorities at much higher rates and with more severe consequences. Decriminalization of drug possession is thus poised to become a major issue in the future.

IN CONTEXT

Portugal and several other countries have had success with decriminalization. Contrary to the opponents of drug policy reform, criminologists Heidt and Wheeldon (2021) found that cannabis legalization and decriminalization of drug possession do not appear to contribute to increases in drug use, overdoses, mental illness, or crime. Somewhat surprisingly, areas that have decriminalized drug possession have seen addiction and overdose rates fall (Hughes & Stevens, 2010; Hughes & Stevens, 2012).

There is also no indication that young people are using more cannabis in jurisdictions that have legalized recreational cannabis. In fact, the greatest increases in use have occurred among older people. It is interesting to note that, in the last decade, rates of drug use, as recorded in official statistics, have plummeted, though this may be due to reduced enforcement rather than a true drop in drug use.

In 2019, there were 1,558,862 arrests for drug abuse in the United States (FBI, 2019a). This was a decrease from the 1,654,282 drug abuse arrests from the previous year. Because there is such a large number of people who use drugs and are involved in the criminal justice system, it is important for researchers, practitioners, and policymakers to continue managing this issue in ways that help these individuals but also protect society.

terms to know

Correlation

A statistical relationship between variables, not necessarily causal.

Causation

When the change in one variable is the direct result of a change in another variable.

Designer Drugs

Drugs that are created in underground or secret labs by changing the chemical properties of other preexisting drugs.

REFERENCES

Bennet, T., Holloway, K., & Farrington, D. P. (2008). The statistical association between drug misuse and crime: A meta-analysis. Aggression and Violent Behavior, 13(2), 107–118. doi.org/10.1016/j.avb.2008.02.001

Federal Bureau of Investigation. (2019a). Table 29: Estimated number of arrests. ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/tables/table-29

Federal Bureau of Investigation. (2019b). Table 43: Arrests by race and ethnicity, 2019. ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/tables/table-43

Heidt, J., & Wheeldon, J. (2021). Data, damn lies, and cannabis policy: Reefer madness and the methodological crimes of the new prohibitionists. Critical Criminology, 30, 403–419. doi.org/10.1007/s10612-020-09548-8

Hughes C. E., & Stevens, A. (2010). What can we learn from the Portuguese decriminalization of illicit drugs? The British Journal of Criminology, 50(6), 999–1022. doi.org/10.1093/bjc/azq038

Hughes C. E., & Stevens, A. (2012). A resounding success or a disastrous failure: Re-examining the interpretation of evidence on the Portuguese decriminalization of illicit drugs. Drug and Alcohol Review, 31(1), 101–113. doi.org/10.1111/j.1465-3362.2011.00383.x

Owusu-Bempah, A., & Luscombe, A. (2021). Race, cannabis and the Canadian war on drugs: An examination of cannabis arrest data by race in five cities. International Journal of Drug Policy, 91. doi.org/10.1016/j.drugpo.2020.102937

Robinson, M. B., & Scherlen, R. G. (2014). Lies, damned lies, and drug war statistics: A critical analysis of claims made by the Office of National Drug Control Policy. State University of New York Press.