STAY IN THE HIMALAYAN MOUNTAINS FOR HEALTH, PEACE, AND YOGA
Victimless crime is consensual in nature, whether there is actually a victim is debatable. Therefore victimless crime is consensual crime. Victimless crime are those that are of the nature of illegal gambling, drug use, and selling sex. Victimless crime occurs where the victim does not experience harm, but is indeed a willing participant. Victimless crime refers to crime that doesn't directly harm the person or property of another. Victimless crimes should not be regulated by criminal law. Victimless crimes are illegal acts in which the victims may be the offenders. Victimless crimes may be considered offenses against the state rather than society.
Conventional Crime implies that there is a victim of the criminal behavior who experiences harm. Victimless crimes are established for social control over morality and other social relationship and are attributed mostly to low class culture. Victimless crime includes criminal or illegal acts in which all participants are consenting adults.
It is easier and more acceptable for upper class people with deviant behavior to engage in victimless crimes. Victimless crimes are, in the 'harm principle' of John Stuart Mill, "victimless" from a position that considers the individual as the sole sovereign, to the exclusion of more abstract bodies such as a community or a state. Victimless crimes are criminal only because politically powerful people or groups find them undesirable or offensive. Conflict perspectives hold that victimless crimes are criminal only because politically powerful people or groups find them undesirable or offensive. Functionalist explanation holds that social need, not social power, underlies the labeling of victimless behaviors as criminals under labeling theory.
There are very many examples of victimless crimes and willing participants. Examples of victimless crimes include sex crimes, drug use, illegal gambling, sports such as cock fighting. There is an absence of restrictions against elite deviance. The small amount of street crime keeps the focus off of elite deviance. The classic definition of victimless crime assumes, "There is never a victim" in sex crimes, drug use, etc. A re-examination of consent indicates that people consent under pressure. Victimless crime often does have a victim, but at some level, the harm is self-inflicted. Certain status offense which may include consumption of alcohol, truancy, and running away from home are also victimless crimes.
The question of jurisdiction over victimless crimes by
non-Indians received considerable attention in the Department following the
Supreme Court's holding in Oliphant v. Suquamish Tribe, 435 U.S. 191 (1978),
that tribal courts do not have jurisdiction over non-Indians.
The Office of Legal
Counsel (OLC) prepared an extensive memorandum dated March 21, 1979, concluding
that in most cases, the states have jurisdiction over victimless crimes by
non-Indians. The conclusion of OLC is, that in the absence of a true victim,
United States v. McBratney, 104 U.S. 621 (1882), would control, leaving the
states with jurisdiction.
Most traffic violations, most routine cases of
disorderly conduct, and most offenses against morals such as gambling, which are
not designed for the protection of a particular vulnerable class, should be
viewed as having no real "victim" and therefore to fall exclusively within state
competence. In certain other cases, however, a more direct threat
to Indian persons or property may be sufficient to bring an ordinarily
"victimless" crime within federal jurisdiction. One example would be crimes
calculated to obstruct or corrupt the functioning of tribal government.
Women as Victims in “Victimless Crimes” The
Case of Prostitution
Susan A. Lentz, B.
Grant Stitt. Journal of Contemporary Criminal Justice.
Abstract: It is
argued by many criminologists that numerous acts which fall under the category
of crimes labeled “victimless” do so because no harm comes to those involved.
However, many feminists and others argue that where women are involved,
“victimization” does in fact occur. Further, the resulting victimization from
many of these acts reaches far beyond the individual participants in the
consensual transaction. This analysis critically examines the issue of who or
whom are the victims, if any, in prostitution. This discussion focuses on both
the concerns of criminology and liberal and radical feminists.
Blackmail
as a Victimless Crime: Reply to Altman
WALTER E. BLOCK, Loyola University New Orleans - College of Business Administration
ROBERT W. MCGEE, Barry University - Andreas School of Business
Abstract: The authors maintain that since it is legal to gossip, it should
therefore not be against the law to threaten to gossip, unless paid off not to do so. In a
word, blackmail is a victimless crime, and must be legalized, if justice is to be
attained.
Are
Victimless Crimes Actually Harmful? - Louis Veneziano, Carol Veneziano
A victimless crime is an illegal act that is a consensual
crime and lacks a complaining participant, including such activities as drug use,
gambling and prostitution. No one is harmed, or if harm occurs, it is negated by the
informed consent of willing participants. A questionnaire was
administered in which 944 respondents were asked to rate how much harm. if any, exists for
participants engaging in four traditional victimless crimes.
Software
Piracy is not a victimless crime
Abstract: Many people, industries and economies are being affected as a direct result of
the growing problem of software piracy. Is software piracy a victimless crime? Who the victims of
software piracy are and how they are affected by it.
American
Holocaust: The Price of Victimless Crime Laws - Tim O'Donnell
American Holocaust provides a clear explanation of
why victimless crime laws throughout the world are morally unjust because the laws
violently uphold the ethnic, racial, moral and political opinions of the law-controlling
majority. Victimless crime laws are used almost exclusively for
morality control that is a politically correct way of describing religious persecution.
The devastation that has been wrought by the victimless crime laws in the United States is
detailed in American Holocaust.
INSIDER
TRADING: THE CASE AGAINST THE VICTIMLESS CRIME HYPOTHESIS - Norman S.
Douglas
This paper challenges the long held hypothesis that insider trading is a victimless crime.
Victimless Crime?: Prostitution, Drugs, Homosexuality, and Abortion by Robert F. Meier, Gilbert Geis
American Holocaust: The Price of Victimless Crime Laws by Tim O'Donnell (Author).
Reconsidering victimless crime.: An article from: Regulation - by George C. Leef
Victimless Crimes: Crime, Justice, Punishment (Crimes, Justice, and Punishment) - Justin Fernandez
No Price Too High: Victimless Crimes and the Ninth Amendment by Robert M. Hardaway
Insurance fraud is not a 'victimless' crime.(Editorial): An article from: National Underwriter Property & Casualty-Risk & Benefits Management.