CC100 Lecture Notes - Lecture 11: Malum Prohibitum, Victimless Crime, Mesopotamia
Morality Crime (Public order crimes)
March 20, 2018
Public order crimes (morality offences)
- Public order crimes: victimless crimes
- Conflict crimes (mala prohibita): violate moral rules
- Prohibit sale and distribution of selected goods and services
Morality and the law
- Consensus (objectivist) view:
o Laws express public morality (agreement)
o Functional
- Conflict (subjectivist) view:
o Moral definitions change over time
o Based on power of lawmakers
Gambling
- History
- Widespread, has to go to provincal
o Casinos, VLT, lotteries
- Very profitable
o EG Windsor casino ($200M profits in the first year)
- Laws
o Difficult to regulate
Social costs- problem gamblers
- Substance use
- Suicide (high rates) usually to losing
- Crimes to support habit
- Divorce, bankruptcy
- Absenteeism, lower productivity, more likely to lose their jobs
- Male and female gamblers (mostly males), males tend to be younger when they start,
unemployed, single. Women are escape gamblers
Selling sex: prostitution
What historical records revel
- Ancient Mesopotamia
- Ancient Greece
- Help with fertility
- Protestant reform condemned prostitution
- English brewery companies (19th century)- to attract customers so they would buy
alcohol and have sex
find more resources at oneclass.com
find more resources at oneclass.com
Prostitution
- Legality in Canada
- Elements
1). Sexually significant activity
2). Economic transaction, payment of drugs can be a transaction
3). Emotional indifference happens after the transaction is done everyone goes in their
own way
Types of prostitution
- Streetwalkers: puli o steet tend to be younger, runways as teenagers, most
vulnerable, drug use issue
- Bar girls: towns or with high transient populations
- Brothel: workers- house
o (run by madam or pimp)
o (law) Bawdy-house offences (s.210)- illegal to keep a bawdy-house
- Call girls: prearrange encounter, most paid
o Escort services
- Massage parlours, legitimate, is a massage parlour, guys can buy sex for therapy
- Others: rap booths, strip clubs, phone sex, internet sex
Others involved in prostitution- pimps
- Pimps
o Work with female prostitutes
o Often as boyfriend or husband, usually take the earnings
- Laws (new 2014)
- Material benefit offence
o Receive financial or material benefit
o Sentence can be 10 years max, 14 years min if the prostitution is juvenile
- Johns
o Clients of prostitutes
o Characteristics, many are married
- Laws (new 2014)
- Purchasing offence (S.286)
o Obtaining services or communicating for services is a crime now
Prostitutions laws
- Communicating offences (s.213) (solicitation)
o Communication with purpose of or obtaining services in public
- Advertising offence (added in 2014)
o Advertising an offer to provide services
find more resources at oneclass.com
find more resources at oneclass.com
New laws (2014)
- Procuring
o To offer or provide services or harbouring or kidnapping them for sexual
activities
o Sentence (adult, child) max 15 for adult, 14 max for child
- Trafficking offences
o Controlling movement for purpose of exploit
o Sentence (adult, child) min 5 years, mandatory of 6 years for child
Prostitution: Incidence
- Difficult to measure
- Rates depend on police priorities
- No consistency
- Males vs females
o Charges
o Convictions
o Prison
Becoming a prostitute
- Background of street prostitutes
o Abuse
o Females and males, males report abuse more than females
o Conflict
- Motivations for survival purposes; money
- Characteristics do take place in public, bus station, bar, parking lot, any open area
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Conflict crimes (mala prohibita): violate moral rules. Prohibit sale and distribution of selected goods and services. Consensus (objectivist) view: laws express public morality (agreement, functional. Conflict (subjectivist) view: moral definitions change over time, based on power of lawmakers. Widespread, has to go to provincal: casinos, vlt, lotteries. Very profitable: eg windsor casino (m profits in the first year) Absenteeism, lower productivity, more likely to lose their jobs. Male and female gamblers (mostly males), males tend to be younger when they start, unemployed, single. English brewery companies (19th century)- to attract customers so they would buy alcohol and have sex. Economic transaction, payment of drugs can be a transaction. Emotional indifference happens after the transaction is done everyone goes in their own way. Streetwalkers: pu(cid:271)li(cid:272) (cid:894)(cid:862)o(cid:374) st(cid:396)eet(cid:863)(cid:895) tend to be younger, runways as teenagers, most vulnerable, drug use issue. Bar girls: towns or with high transient populations.
