Criminal Justice and Moral Issues

by Meier, Robert F.; Geis, Gilbert

• ISBN13: 9780195330601
• ISBN10: 0195330609
• Additional ISBN(s): 9780195329674
• Format: Paperback
• Copyright: 2005-07-29
• Publisher: Oxford University Press
• More Book Details

Summary

This text addresses the following two questions: "What kinds of problems can the law solve?" and "What kinds of problems does the law create?" Using these questions as starting points, Meier and Geis evenhandedly explore the role and function of law relating to six major issues that often divide Americans today: prostitution, drug use, homosexuality, abortion, pornography, and gambling. Statutes and public opinion have shifted dramatically over recent decades in regard to these behaviors. The book details these developments and offers explanations of why they have occurred. Some people view all or some of these behaviors as acts that ought to be permitted, as part of individual freedom. Others find one, some, or all of them to be genuine threats to the country's social and moral fiber and believe that they ought to be criminalized. Still others maintain that action ought to be taken to limit some of the behaviors, but that using the criminal justice system is not the best way to proceed. Meier and Geis' provocative book offers sophisticated, in-depth discussions of these issues, then reviews the conflicting opinions about the proper role of criminal law in dealing with them. It is written in straightforward, jargon-free language, providing an ideal background for exploring the facts and views regarding what are often contentious concerns. Criminal Justice and Moral Issues increases student understanding through the abundant use of relevant illustrations, examples, and case studies.

Table of Contents

Acknowledgments	p. ix
Morality, Harm, and Criminal Justice	p. 1
Crimes Without Victims?	p. 6
The Notion of Harm	p. 11
Morality and Criminal Law	p. 12
Suicide and Attempted Suicide	p. 13
Physician-Assisted Suicide	p. 14
Usury	p. 16
Bad Samaritans	p. 18
Motorcycle Helmets	p. 20
Determining Moral Standards	p. 22
Prostitution/Sex Work	p. 29
The Biblical Heritage	p. 30
Criminal Law and Prostitution	p. 30
Explaining the Law's Intransigence	p. 31
Prostitution and Sexual Liberation	p. 32
The Cast in the Performance of Prostitution	p. 33
Urban Enforcement: Los Angeles	p. 35
The BMW Caper	p. 36
The Hollywood Madam	p. 36
Licensed Brothels: Nevada	p. 38
The Wolfenden Report and Kerb Crawling	p. 39
Feminism and Prostitution	p. 41
Legalizing Prostitution: Yeas and Nays	p. 43
Prostitution, Venereal Disease, and AIDS	p. 44
Other Impacts of Prostitution	p. 45
Prostitutes, Pimps, and the Public	p. 46
The Prostitute/Sex Worker	p. 46
Customers/Johns	p. 48
Pimps	p. 50
Impact of Prostitution on Society	p. 51
Conclusion	p. 53
For Legalizing Prostitution	p. 54
Against Decriminalizing Prostitution	p. 55
Drugs	p. 61
What Is a Drug?	p. 63
Patterns of Drug Use	p. 66
Illegal Drug Use: Marijuana	p. 68
Illegal Drug Use: Heroin	p. 70
Illegal Drug Use: Cocaine	p. 73
How Much Do Illegal Drugs Cost?	p. 75
The Relationship Between Crime and Drugs	p. 76
Drug-Defined Crimes	p. 77
Drug-Related Crimes	p. 77
Drug-Using Crimes	p. 78
Current Drug Policies and How We Got There	p. 79
Drugs, Race, and Ethnicity	p. 81
The Prohibition Experience	p. 84
Modern Legal Prohibitions	p. 88
The Netherlands' Approach to Drug Control	p. 90
What Kind of a Problem Is 'Drugs'?	p. 93
Decriminalization Does Not Solve the Problem of Drugs	p. 96
Conclusion	p. 100
Homosexuality	p. 105
Defining Homosexuality	p. 107
Homosexual Behavior	p. 107
Homosexual Preference or Orientation	p. 108
Homosexual Identity or Self-Concept	p. 109
Causes of Homosexuality	p. 110
The Biological Perspective	p. 110
The Learning Perspective	p. 113
Public Opinion and Homosexuality	p. 116
The Regulation of Homosexuality	p. 118
The Social Regulation of Sexuality	p. 119
Religious and Legal Regulation of Sexuality	p. 120
The Consequences of Legal Regulation	p. 124
The Gay Movement and Gay Communities	p. 126
Two Additional Issues	p. 129
Same-Sex Marriages	p. 129
Homosexuality as a Protected Status	p. 133
Conclusion	p. 135
Abortion	p. 141
Theology and Abortion	p. 143
Roman Catholicism	p. 143
Judaism	p. 145
Abortion Before It Became Legal	p. 146
Roe v. Wade and Its Progeny	p. 148
Roe v. Wade (1973)	p. 148
The Webster Decision (1989)	p. 150
The Casey Decision (1992)	p. 151
The Partial-Birth Abortion Act (2003)	p. 152
Unborn Victims of Violence Act (2004)	p. 154
RU-486 (Mifepristone)	p. 155
Plan B: The Morning After Pill	p. 156
Parental Notification and Abortion	p. 157
How Many Abortions Are There?	p. 159
Abortion Views in Context	p. 162
Arguments: Pro and Con	p. 162
Arguments Against Legalized Abortion	p. 164
Arguments for Legalized Abortion	p. 167
Conclusion	p. 168
Pornography	p. 175
Definitions	p. 175
The Ubiquity of Pornography	p. 177
The Pornography Industry	p. 180
The Pornography Commissions	p. 184
Public Concern Over Pornography	p. 186
The Regulation of Pornography	p. 187
The Law and Pornography	p. 188
The Effects of Pornography	p. 192
Harmful Effects	p. 192
Positive Effects, or Potentially Beneficial Functions of Pornography	p. 195
The Feminist Response to Pornography	p. 196
Conclusion	p. 199
Gambling	p. 205
The Context of Gambling	p. 208
Casino Gambling	p. 209
Slot Machines	p. 212
Riverboat Gambling	p. 213
Native-American Casinos	p. 215
Internet Gambling	p. 217
Lotteries	p. 220
Gambling on Numbers	p. 220
Lotteries Re-emerge	p. 221
Off-Track Betting	p. 222
Conclusion	p. 225
Conclusion	p. 237
Harm, Risk, and the Law	p. 237
Can the Law Create Problems?	p. 239
What Should We Call Them?	p. 242
The Wolfenden Report	p. 245
Are There Limits to Law?	p. 247
Immorality	p. 248
Privacy	p. 249
Alternative Controls	p. 250
Harm to Others	p. 250
Are They Enforceable?	p. 251
What Problems Are Appropriate for Law?	p. 252
Conclusion	p. 253
Author Index	p. 257
Subject Index	p. 261
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