Criminal Justice and Moral Issues

Description

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