Theme 5: Public order and victimless crimes
INTRODUCTION
Public order crimes are a varied assortment of offences, and are
known variously as vice offences, consensual offences, victimless
crimes, and even nuisance offences.
Some of these public order crimes are considered very serious (e.g.
selling drugs) and some are dismissed with a shrug of the shoulders
or a look of disgust (e.g. drunken and disorderly behaviour, public
indecency etc).
DEFINITION OF KEY CONCEPTS:
Public order crime – involves acts that interfere with operations of
society and people’s ability to function efficiently. Behaviour labelled
criminal because it’s contrary to shared norms, social values and
customs.
Public order crime includes consensual crime, victimless vice and
victimless crime.
Secondary victims (family, friends, acquaintances and society at large)
can be identified.
Consensual crime – type of public order crime and involves more than 1
participant, all give consent as willing participants in activity that is
illegal.
Crimes in which the victims is the state, the juridical system/ society at
large.
When defining the term “consensual crime”, one issue is the question of
whether all the participants can give genuine consent.
This may not be the case if one or more of the participants are
o • animals o • those not fully
o • children (normally informed about the
measured as being issues involved
under the legal age of o • those suffering from
consent) mood swings
o • the severely disabled o • those acting under
o • the severely mentally duress
ill o • the addicted
o • the intoxicated
o • the unconscious
, Victimless crime – willing exchange, among adults, of strongly
demanded but legally prohibited goods or services. Offences committed
by adults with the voluntary and mutual consent of all involved, and
without any the parties lodging a complaint with the police.
Features of public order/victimless crime
The following features are evident in the definitions of victimless crimes:
The absence of a complainant/victim. Victimless crimes are
mainly characterised by the absence of a complainant who reports
the case to the police. The victim participated in the illegal activity
and neither of the parties considers themselves to be victims of a
crime, hence the term victimless crime.
The absence of obvious harm to others. The crime is without a
victim in the sense that no one else is harmed by the action. This is
offered as the reason why the crime is not reported to the police.
None of the parties involved in the crime feels that it is causing
obvious harm to others. Instead they argue that any harm or loss
that may accompany the action is restricted to the participants in
the crime and that it does not affect the public at large.
Voluntary participation. The emphasis is on individual freedom of
choice. The participants exercise a choice, reach mutual agreement
and are willing (sometimes even enthusiastic) to be involved in the
illegal event. There is no question of coercion. Involvement in the
crime is described as pleasurable
Problems with law enforcement. It is difficult to enforce the law
by arresting and prosecuting suspects as these crimes have low
visibility and are not always detected, and no complainant reports
the crime. It is left to the state to object to victimless crimes and to
prosecute and convict offenders in terms of criminal legislation. The
law is enforced because the goods and services obtained in
committing the crime are socially unacceptable and illegal.
Crimes amended by legislation. Legislation may be formulated
as and when the values, religious beliefs, perceptions and attitudes
of the community or ruling party change.
The term “drug use”
Drug use may be defined as the use of a legal or illegal chemical or
cultivated substance that brings about mental, physical or emotional
changes in the user.
The term “prostitution”
INTRODUCTION
Public order crimes are a varied assortment of offences, and are
known variously as vice offences, consensual offences, victimless
crimes, and even nuisance offences.
Some of these public order crimes are considered very serious (e.g.
selling drugs) and some are dismissed with a shrug of the shoulders
or a look of disgust (e.g. drunken and disorderly behaviour, public
indecency etc).
DEFINITION OF KEY CONCEPTS:
Public order crime – involves acts that interfere with operations of
society and people’s ability to function efficiently. Behaviour labelled
criminal because it’s contrary to shared norms, social values and
customs.
Public order crime includes consensual crime, victimless vice and
victimless crime.
Secondary victims (family, friends, acquaintances and society at large)
can be identified.
Consensual crime – type of public order crime and involves more than 1
participant, all give consent as willing participants in activity that is
illegal.
Crimes in which the victims is the state, the juridical system/ society at
large.
When defining the term “consensual crime”, one issue is the question of
whether all the participants can give genuine consent.
This may not be the case if one or more of the participants are
o • animals o • those not fully
o • children (normally informed about the
measured as being issues involved
under the legal age of o • those suffering from
consent) mood swings
o • the severely disabled o • those acting under
o • the severely mentally duress
ill o • the addicted
o • the intoxicated
o • the unconscious
, Victimless crime – willing exchange, among adults, of strongly
demanded but legally prohibited goods or services. Offences committed
by adults with the voluntary and mutual consent of all involved, and
without any the parties lodging a complaint with the police.
Features of public order/victimless crime
The following features are evident in the definitions of victimless crimes:
The absence of a complainant/victim. Victimless crimes are
mainly characterised by the absence of a complainant who reports
the case to the police. The victim participated in the illegal activity
and neither of the parties considers themselves to be victims of a
crime, hence the term victimless crime.
The absence of obvious harm to others. The crime is without a
victim in the sense that no one else is harmed by the action. This is
offered as the reason why the crime is not reported to the police.
None of the parties involved in the crime feels that it is causing
obvious harm to others. Instead they argue that any harm or loss
that may accompany the action is restricted to the participants in
the crime and that it does not affect the public at large.
Voluntary participation. The emphasis is on individual freedom of
choice. The participants exercise a choice, reach mutual agreement
and are willing (sometimes even enthusiastic) to be involved in the
illegal event. There is no question of coercion. Involvement in the
crime is described as pleasurable
Problems with law enforcement. It is difficult to enforce the law
by arresting and prosecuting suspects as these crimes have low
visibility and are not always detected, and no complainant reports
the crime. It is left to the state to object to victimless crimes and to
prosecute and convict offenders in terms of criminal legislation. The
law is enforced because the goods and services obtained in
committing the crime are socially unacceptable and illegal.
Crimes amended by legislation. Legislation may be formulated
as and when the values, religious beliefs, perceptions and attitudes
of the community or ruling party change.
The term “drug use”
Drug use may be defined as the use of a legal or illegal chemical or
cultivated substance that brings about mental, physical or emotional
changes in the user.
The term “prostitution”
