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Example research essay topic: Criminal Justice Policies Concerning Part 2 - 2,067 words

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... by the third parties (March 21, 1950). According to this convention, the criminal liability shall be fixed for forcing, involvement, or seduction in purposes of prostitution by the third parties, exploitation of prostitution, as well as for organization and brothel-keeping. Besides, the Russian government considered that disposition of the article 241 - 1 relating to definition of the term prostitution is not distinct and insufficient for acknowledging it as criminally liable act.

Russian Federation recommended taking into account that the Article 6. 11 of the Code of Russian Federation concerning torts and administrative violations of the law foresees penalty for actions of prostitution. In such a way, criminal liability for prostitution will make a collision between standards of criminal and administrative legislation because, according to Russian legislation, the same action cannot be acknowledged the subject to both administrative and criminal liability. What concerns America, prostitution is considered illegal. American legislation prohibits prostitution, except of several counties in Nevada. Selling and buying of services of prostitutes is illegal and is generally classified as a misdemeanor.

In most of Nevada's counties prostitution in brothels is legalized and regulated by the local authorities. According to Nevada Revised Statutes, Chapter 244 that relates to regulation, taxation and licensing of businesses and occupations, the clause NRS 244. 345 dwells on limitation on licensing of houses of prostitution. The houses of prostitution are illegal in Douglas County, Washoe County, Eureka County, and Lincoln County of Nevada. All other counties permit obtaining a license for a brothel.

According to the state law, the persons working in brothels should be checked once a week for sexually transmitted diseases. The prostitutes also should be checked monthly for HIV. Nevada Revised Statutes, Chapter 41 foresees Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus (NRS 41. 1397). According to this section, an owner of a house of prostitution, the person who operates the house or his agent who employs or continues to employ a prostitute after he knows or should know that the prostitute has tested positive in a test approved by regulation of the State Board of Health for exposure to the human immunodeficiency virus, is liable for any damages caused to a person exposed to the virus as a result of the employment. The criminal code concerning the earnings from prostitution seems Legislature, defining the measure of punishment and / or fine for prostitution issues. For example, Arizona State Legislature considers it unlawful for a person to knowingly engage in prostitution (ARS 13 - 3214.

Prostitution; classification). The U. S. Code traditionally foresees punishment for enticement of individuals for purposes of prostitution, procuring, getting profit from prostitutes, forcing spouse to become a prostitute, taking child for purposes of prostitution, transporting individuals for immoral purposes and purposes of prostitution, keeping a brothel (except of specified states in Nevada, where it is allowed by the federal law), employment in prostitution, etc. What concerns Canadian legal practices concerning prostitution, it seems that it has much in common with that of Russian Federation.

First of all, Canadian federal law doesnt prohibit prostitution. It implies no criminal liability for the act of prostitution. It is also legal to buy or sell sexual services but at the same time it is illegal to communicate about the transaction. (According to Criminal Code, the person who communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months (Criminal Code PART VII, Section 212 (4) ). According to Criminal Code, [R.

S. , 1985, c. C- 46 ], the Code foresees criminal liability for softeners, or the people who occurs, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution procures or attempts to procure a person to become, whether in or out of Canada, a prostitute for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally and lives wholly or in part on the avails of prostitution of another person (Criminal Code PART VII: DISORDERLY HOUSES, GAMING AND BETTING Procuring). In these cases the person accused of procuring shall be punished by an imprisonment for a term not exceeding ten years. What concerns people who live wholly or in part on the avails of prostitution of a person who is under 18 years old, and who inclines a person under eighteen to have illicit sexual intercourse with another person, whether in or out of Canada, or threatens to use violence or uses violence in relation to that person under 18, is accused guilty and is liable to imprisonment for a term not exceeding fourteen years but not less than five years (Criminal Code, Part VII Section 212 - 2). Another interesting aspect of the issue is special interpretation of what is called solicitation. Canadian legislative authorities have very loose interpretation of the term soliciting due to the decision of the Supreme Court of Canada in Regina v.

Hutt (1978) C. C. C. (2 nd) 418. According to this decision, soliciting for the purpose of prostitution in a public place has been a criminal offence only if the solicitation can be characterized as "pressing and persistent importuning. " (Prostitution, solicitation, bawdy houses and related matters n. p. ) Regina v. Hutt's decision puts obstacles on the way of police concerning secure convictions under the Sections 195. 1 and 193 of the Criminal Code.

These sections dwell on restrictions on a lawful occupation and, although prostitution itself is legal, and, as we will outline below, does not cause harm to others, prostitutes are harassed by being denied a place of work and, if Section 195. 1 were amended to repeal the Hutt decision, they would also be denied a means of acquiring clients. This is grossly unfair because prostitution itself is not a harmful activity (Prostitution, solicitation, bawdy houses and related matters n. p. ) Taking into account these assumptions, many social organizations consider that it is unfair to use the criminal law to amend Section 195. 1 with a view to overturning Regina v. Hutt decision. According to the Report and Recommendations in respect of Legislation, Policy and Practices Concerning Prostitution-Related Activities conducted by Federal / Provincial / Territorial Working Group On Prostitution (The Department of Justice), prostitution in Canada implies no criminal liability. Some restrictions on prostitution and other insignificant prohibitions are mainly determined by the Criminal Code and include some issues concerning bawdy-houses (Section 210 - 211 of the Criminal Code), Procuring (Section 212 of the Criminal Code) and communicating (Section 213 of the Criminal Code).

In June 1983 Canadian Government created the Special Committee on Pornography and Prostitution (known as a Fraiser Committee) that was aimed to study the social aspects of prostitution and to propose solutions. According to Fraiser Committees report to the Minister of Justice, the Criminal Code had to be strengthened to control street prostitution (Report and Recommendations, Part I, A (iii). In result of this, in 1985 the soliciting law was repealed and replaced by the communicating law in Bill C- 49. Besides, Section 195. 1 was replaced by the new paragraph having an objective to maintain better control of street prostitution. This provision (known now as Section 213) made criminal to communicate with a person in a public place with the aim of obtaining the services of prostitution. However, despite of attempt of getting more effective control, the situation didnt improve drastically.

According to Fourth Report of the Standing Committee on Justice and the Solicitor General on Section 213 of the Criminal Code (Prostitution-Soliciting), published on October 4, 1990, the results reported that the law was not meeting its objectives as its main effect in most centres had been to move street prostitutes from one downtown area to another, thus merely displacing the problem (Report and Recommendations, Part I, A (iv). Numerous controversies around the law forced the government undertake more flexible and effective measures of regulating the issue. Various social institutions studied the issues concerning violence against prostitutes, involvement of runaway youth or homeless for prostitution, and other important problems to create an effective response to the people involved in prostitution. Besides, the government foresaw strict measures for customers and pimps convicted of procuring youth (Section 212 of the Criminal Code).

They increased sentenced and mandatory jail sentences both for customers and pimps, especially related to the youth under the age of 14. Subsection 212 (4) made the law easier to enforce. The government also implemented alternative measures and child welfare statutes for youth involved in prostitution-related offenses (Report and Recommendations, Part C). Among other measures we can note social programs aimed to support the youth (such as prevention, harm reduction and exit supports Part D). The government also tried to solve the problem of street prostitution by criminal code approaches such as enforcement of the law (i. e.

fingerprinting and photographing persons accused and charged under the Section 213 of the Criminal Code whether as Customers or Prostitutes, interception of private communications for prostitution-related offences, protection of witnesses, etc. (Report and Recommendations, Part III (A). High Risk Homicide Registry (HRHREG), penalties for prostitutes and customers convicted under the sections 213, 212 (1) of the Criminal Code had positive impact as well. What is more, the government gave a spur to social intervention from the side of community. Various social organizations propose alternative solutions and strategies in order to address the issue (the Prostitution Diversion Programs (John Schools), strategies to deal with cars of the customers, controlling car traffic, community mediations, to mention a few (Report and Recommendations, Part B) In conclusion we can assume that although Canadian legislation has many restrictions concerning prostitution, but still, the situation is much better that in the United States. Implementing some of Canadian practices can be tried as an experiment because the benefits of Canadian attitude to the problem are obvious. Common appeals to define a criminal liability for prostitution, is, generally, a reflection of a popular view: no subject no problem.

In case all federal legislations of the United States of America will adopt a criminal liability, the problem will not be resolved. Besides, it is necessary to define who shall be liable for prostitution: the person who forces a woman to offer services of prostitution a prostitute or her partner? In case the prostitute is under 14 or didnt reach sexual maturity, the question of punishment becomes even more critical. Probably, we can also offer the following recommendations. First of all, the state authorities should officially register prostitutes. Such measure is not a violation of rights but a mere necessity.

Secondly, federal laws should foresee certain rules. Violation of these rules should be the subject to liability and penalties. Thirdly, police should undertake all measures not only to reduce quantity of prostitutes, but also to deal with other negative social events like drug addiction, alcohol addiction, and high criminal rate that are indirectly related to the discussed issue. References Blunkett unveils plan for legalized brothels. The Guardian. Retrieved November 20, 2006.

web Criminal Code, [R. S. , 1985, c. C- 46 ] Retrieved November 19, 2006. web Criminal Justice Act 2003. Retrieved November 19, 2006. web Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39).

Retrieved November 19, 2006. web Excerpts from Federal Law on Introducing Changes and Amendments tothe Criminal Code ofthe Russian Federation. Retrieved November 20, 2006. web Nevada Revised Statutes, Chapter 244.

Retrieved November 20, 2006. web Proceeds of Crime Act 2002. Retrieved November 19, 2006. web Prostitution, solicitation, bawdy houses and related matters.

Retrieved November 19, 2006. web Report and Recommendations in respect of Legislation, Policy and Practices Concerning Prostitution-Related Activities conducted by Federal / Provincial / Territorial Working Group On Prostitution (The Department of Justice). Retrieved November 19, 2006. web Sexual Offences Act 2003. Retrieved November 19, 2006. web


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