CC100 Lecture Notes - Lecture 10: Malum Prohibitum, Victimless Crime, Mandatory Sentencing
CC100
Tuesday March 20th, 2018
Michelle Dumas
Bonus Assignment! Answer one question:
- 1) How does the media contribute to our understanding of crime?
- 2) Should marijuana be legalized in Canada? Why or why not?
- 3) Should the Canadian government shut down supervised safe injection
sites? Why or why not?
6 Rules:
- Max 3 pages (12 point font, double-spaced, margins
- Include title page- does not count towards three pages (name, ID number,
Course name)
- Sources used
- Due: one week later (March 27th) hard copy
- Work independently; do not collaborate with other students
Morality Crimes (Public Order Crimes)
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
o Casinos, VLTs, lotteries
- Very profitable
o EG Windsor Casino ($200M profits in their first year)
- Laws
o Difficult to regulate
Social Costs – Problem Gamblers
- Substance use
find more resources at oneclass.com
find more resources at oneclass.com
- Suicide
- Crimes to support habit
- Divorce, bankruptcy
- Absenteeism, lower productivity
- Male and Female gamblers
Selling Sex: Prostitution
What historical records reveal
- Ancient Mesopotamia
- Ancient Greece
- Protestant Reform condemned prostitution
- English brewery companies (19th century)
Prostitution
- Legality in Canada
- Elements
- 1) Sexually significant activity
- 2) Economic transaction
- 3) Emotional indifference
Types of Prostitution
- Streetwalkers: public on street
- 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- prearranged encounter
o Escort services
- Massage Parlours
- Others: Rap booths, Strip clubs, Phone sex, Internet sex
Others Involved in Prostitution
- Pimps
o Work with female prostitutes
o Often as boyfriend or husband
Laws (new 2014):
- Material Benefit offence
o Receive financial or material benefit
o Sentence
find more resources at oneclass.com
find more resources at oneclass.com
- Johns
o Clients of prostitutes
o Characteristics
Laws (new 2014)
- Purchasing Offence (s.286)
o Obtaining services or communicating for services
Prostitution Laws
- Communicating offences
o Communication with purpose of or obtaining services in public
- Advertising offence (added in 2014)
o Advertising an offer to provide services
New Laws (2014)
- Procuring
o To offer or provide service or harbouring
o Sentence (adult: 14 yrs, child: mandatory min. 5 yrs)
- Trafficking offences
o Controlling movement for purpose of exploit
o Sentence (adult, child)
Prostitution: Incidence
- Difficult to measure
- Rates depend on police priorities
- No consistency
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Max 3 pages (12 point font, double-spaced, (cid:883)(cid:499) margins(cid:524) Include title page- does not count towards three pages (name, id number, Due: one week later (march 27th) hard copy. Work independently; do not collaborate with other students. 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. Very profitable: eg windsor casino (m profits in their first year) Brothel: workers house: (run by madam or pimp) Bar girls: towns or with high transient populations: (law) bawdy-house offences (s. 210) illegal to keep a bawdy-house, escort services. Others: rap booths, strip clubs, phone sex, internet sex. Pimps: work with female prostitutes, often as boyfriend or husband. Material benefit offence: receive financial or material benefit, sentence. Purchasing offence (s. 286: obtaining services or communicating for services.
