CRIMINAL JUSTICE AND MORAL ISSUES First Edition

Robert F. Meier, University of Nebraska at Omaha Gilbert Geis, University of California at Irvine

ISBN: 1-931719-62-4

softcover, 272 pages, ©2006

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"The writing style is extremely clear and the treatment of topics very balanced, providing an approach that examines the issues fairly and head-on." --Richard A. Ball, Pennsylvania State University Roxbury is pleased to announce publication of CRIMINAL JUSTICE AND MORAL ISSUES by esteemed criminologists Robert F. Meier and Gilbert Geis. 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 CHAPTER 1: MORALITY, HARM, AND CRIMINAL JUSTICE Crimes Without Victims? The Notion of Harm Morality and Criminal Law  Suicide and Attempted Suicide  Physician-Assisted Suicide  Usury  Bad Samaritans  Motorcycle Helmets Determining Moral Standards Conclusion CHAPTER 2: PROSTITUTION/SEX WORK The Biblical Heritage Criminal Law and Prostitution  Explaining the Law's Intransigence Prostitution and Sexual Liberation  The Cast in the Performance of Prostitution  Urban Enforcement: Los Angeles  The BMW Caper  The Hollywood Madam  Licensed Brothels: Nevada  The Wolfenden Report and Kerb Crawling Feminism and Prostitution Legalizing Prostitution: Yeas and Nays  Prostitution, Venereal Disease, and AIDS  Other Impacts of Prostitution Prostitutes, Pimps, and the Public  The Prostitute/Sex Worker  Customers/Johns  Pimps  Impact of Prostitution on Society Conclusion  For Legalizing Prostitution  Against Decriminalizing Prostitution CHAPTER 3: DRUGS What Is a Drug? Patterns of Drug Use  Illegal Drug Use: Marijuana  Illegal Drug Use: Heroin  Illegal Drug Use: Cocaine How Much Do Illegal Drugs Cost? The Relationship Between Crime and Drugs  Drug-Defined Crimes  Drug-Related Crimes  Drug-Using Crimes Current Drug Policies and How We Got There  Drugs, Race, and Ethnicity  The Prohibition Experience  Modern Legal Prohibitions  The Netherlands' Approach to Drug Control What Kind of a Problem Is 'Drugs'? Decriminalization Does Not Solve the Problem of Drugs Conclusion CHAPTER 4: HOMOSEXUALITY Defining Homosexuality  Homosexual Behavior  Homosexual Preference or Orientation  Homosexual Identity or Self-Concept Causes of Homosexuality  The Biological Perspective  The Learning Perspective Public Opinion and Homosexuality The Regulation of Homosexuality  The Social Regulation of Sexuality  Religious and Legal Regulation of Sexuality  The Consequences of Legal Regulation The Gay Movement and Gay Communities Two Additional Issues  Same-Sex Marriages  Homosexuality as a Protected Status Conclusion CHAPTER 5: ABORTION Theology and Abortion Roman Catholicism Judaism Abortion Before It Became Legal Roe v. Wade and Its Progeny  Roe v. Wade (1973)  The Webster Decision (1989)  The Casey Decision (1992)  The Partial-Birth Abortion Act (2003)  Unborn Victims of Violence Act (2004)  RU-486 (Mifepristone)  Plan B: The Morning After Pill Parental Notification and Abortion How Many Abortions Are There? Abortion Views in Context  Arguments: Pro and Con  Arguments Against Legalized Abortion  Arguments for Legalized Abortion Conclusion CHAPTER 6: PORNOGRAPHY Definitions The Ubiquity of Pornography  The Pornography Industry  The Pornography Commissions Public Concern Over Pornography The Regulation of Pornography  The Law and Pornography The Effects of Pornography  Harmful Effects  Positive Effects, or Potentially Beneficial Functions of Pornography The Feminist Response to Pornography Conclusion CHAPTER 7: GAMBLING The Context of Gambling  Casino Gambling  Slot Machines  Riverboat Gambling  Native-American Casinos  Internet Gambling  Lotteries  Gambling on Numbers  Lotteries Re-emerge  Off-Track Betting Conclusion CHAPTER 8: CONCLUSION Harm, Risk, and the Law Can the Law Create Problems? What Should We Call Them? The Wolfenden Report Are There Limits to Law?  Immorality  Privacy Alternative Controls  Harm to Others  Are They Enforceable? What Problems Are Appropriate for Law? Conclusion Author Index Subject Index