NCJ Number
79273
Journal
Institute for Socioeconomic Studies Journal Volume: 3 Issue: 1 Dated: (Spring 1978) Pages: 11-18
Date Published
1978
Length
8 pages
Annotation
The decriminalization of 'victimless' crimes is discussed as a means of reducing the volume of court cases to permit more effective handling of serious crimes against property and persons.
Abstract
The flood of criminal cases entering the criminal justice system cannot be adequately processed with current court resources. An increasingly smaller percentage of cases are going to trial to argue original charges against defendants, and an increasing percentage of cases are handled through plea bargaining. Such a trend undermines both the appearance and the reality of justice. Given the state of the economy, there is little chance that court resources can be increased to deal adequately with the burgeoning caseload. What is required is a setting of priorities for criminal prosecution that will reduce the number of relatively minor cases occupying law enforcement and court resources. Top priority should be given to serious crimes against property and persons, while victimless crimes such as public drunkenness, gambling, prostitution, pornography, consensual homosexual acts, and marijuana use should be decriminalized and in many cases regulated by the State to avoid extreme abuses. Evidence indicates that the enforcement of such laws is not cost effective and does little to reduce threats to life and property. In most cases, any social problems caused by the behavior encompassed in such victimless crimes could be more effectively and sensitively handled by means other than criminal sanctions. Footnotes are included.