NCJ Number
39
Date Published
1971
Length
105 pages
Annotation
IT IS IN MATTERS OF SEX THAT CRIMINAL LAW HAS MADE ITS BOLDEST EFFORTS TO LEGISLATE MORALS.
Abstract
THERE IS NO JUSTIFICATION FOR MAKING SEXUAL CONDUCT BETWEEN ADULTS, BOTH CONSENTING, CARRIED ON IN PRIVATE, CRIMINAL. AS FOR PORNOGRAPHY, THERE SHOULD BE PROHIBITION OF - (1) SALE OR DISPLAY TO MINORS, (2) PUBLIC DISPLAY OR EXHIBITION WHEREBY THE PORNOGRAPHY IS CALLED TO THE ATTENTION OF THE GENERAL PUBLIC, OR THE PASSERBY, AND (3) COMMERCIAL ADVERTISING OR SOLICITATION THAT IS OFFENSIVE, VULGAR, LEWD OR OBSCENE. GAMBLING IS AN ACTIVITY OF HUMANS THAT OCCURS ON TWO LEVELS. ONE IS TYPIFIED BY SKY MASTERSON IN GUYS AND DOLLS, BETTING ON WHICH OF TWO RAINDROPS ON A WINDOW PANE WILL REACH THE BOTTOM FIRST, TWO GUYS GETTING PLEASURE OR EXCITEMENT OUT OF CHANCE. THE OTHER CONSISTS OF COMMERCIALIZED OPERATIONS, IN WHICH HARD-EYED MEN ORGANIZE MACHINERY TO PROFIT FROM THE FRAILTY OF HUMANS. THE FIRST SEEMS AS OLD AS MANKIND AND IS DOUBTLESS INCURABLE. THE SECOND IS AS OLD AS THE RAPACITY OF SOME MEN TO PROFIT FROM THE WEAKNESS OF OTHERS. IF CRIME IS INVOLVED IN THE FIRST, IT IS NONVICTIM CRIME. BUT CRIME IN THE SECOND IS NOT NON-VICTIM CRIME FOR IT DOES INVOLVE INJURY TO SOCIETY.