This document discusses various vice crimes and debates surrounding their legal status. It covers topics like homosexuality, prostitution, pornography, abortion and debates around harm, consent, and decriminalization. For each topic, it provides historical context on how the laws and views have changed over time, from being strictly prohibited to becoming more accepted or legalized in some contexts. It also discusses ongoing legal and social debates around balancing individual rights and harm principles for these various activities.

2. WHAT IS A VICE CRIME?
• WHAT CONSTITUTES VICE VARIES SIGNIFICANTLY ACROSS TIME AND
CULTURE
• VICE DEFINED
• REFERRED TO BY MANY NAMES
• PUBLIC-ORDER OFFENSES
• CONSENSUAL OFFENSES
• VICTIMLESS CRIMES
• NUISANCE OFFENSES

3. WHAT IS A VICE CRIME?
• VICE IS THE OPPOSITE OF VIRTUE
• MODERN CRIMINALIZATION HAS MOVED AWAY FROM MORALITY
• VICE CRIMES ARE CONSENSUAL
• THERE IS PARTICIPATION BECAUSE OF REWARD OR PLEASURE
• THERE IS MUCH DEBATE REGARDING DECRIMINALIZATION AND ENFORCEMENT
OF THESE CRIMES

4. VICE CRIME AND THE HARM
PRINCIPLE
• ARGUMENT RESTS ON HARM PRINCIPLE
• BEST ENUNCIATED BY JOHN STUART MILL (1859)
• ADVOCATES OF DECRIMINALIZATION AND LEGALIZATION ARGUE THESE CRIMES
CARE VICTIMLESS
• PROBLEMATIC TERM
• BETTER CONCEIVED OF AS CONSENSUAL MALA PROHIBITA ACTS
• ALL VICE OFFENSES CAUSE SOME HARM
• EARLY TWENTIETH-CENTURY “MORALS COURTS”

5. HOMOSEXUALITY AND SODOMY
• SODOMY DEFINED
• MODERN LEGAL USAGE
• MOST STATES EXPANDED DEFINITION IN 1920S
• CUNNILINGUS NEVER CONSIDERED CRIME UNDER COMMON LAW
• IMAGES OF HOMOSEXUALITY AND SODOMY AROSE FROM LEVITICUS 20:13
• HOWEVER, HISTORICALLY SODOMY NOT CONSIDERED SYNONYMOUS WITH
HOMOSEXUALITY

6. HOMOSEXUALITY AND SODOMY
• ST. THOMAS AQUINAS
• THROUGH MOST EUROPEAN HISTORY
• SAME-SEX BEHAVIOR CONSIDERED SIN
• DEALT WITH BY ECCLESIASTICAL COURTS
• IN GENERAL, NOT SEEN AS A SPECIAL CLASS OF PEOPLE
• TERM HOMOSEXUAL NOT COINED UNTIL 1869
• BEGAN TO SEE THEM AS DISTINCT GROUP
• FOCUSED ON ACTORS, RATHER THAN ACT
• NOW BEGAN TO SEE STATUTES EQUATE SODOMY WITH HOMOSEXUALITY

7. HOMOSEXUALITY AND SODOMY
• LAW’S STANCE INFLUENCED BY RISE OF PSYCHIATRY IN MID- TO LATE 19th
CENTURY
• HOMOSEXUALS EXPERIENCED LABEL OF DISEASED
• PENALIZED
• SUBJECT TO SHOCK TREATMENT AND CASTRATION AMONG OTHER “TREATMENT”
• APA CITED HOMOSEXUALITY AS ASPECT OF “PSYCHOTIC, PARANOID, AND
SCHIZOID DISORDERS”
• TREATMENT EXTENDED UP TO AND INCLUDING THE 1940S

8. HOMOSEXUALITY AND SODOMY
• REMOVED FROM LIST OF MENTAL DISEASES IN 1973
• CONSIDERED TO DATE TO BE VARIANT OF HUMAN SEXUALITY
• TERM “SEXUAL PREFERENCE” IS SOMETIMES USED
• TERM MOST OFTEN USED TODAY IS SEXUAL ORIENTATION
• ACKNOWLEDGES BIOLOGICAL ROOTS
• BOWERS V. HARDWICK (1986)
• IN 2003 EIGHTEEN STATES STILL HAD LAWS FORBIDDING CONSENSUAL SODOMY
• LAWRENCE V. TEXAS (2003)

9. THE LAW AND GAY RIGHTS VERSUS
RELIGIOUS LIBERTY
• HAS BEEN A TWO-PART REVOLUTION RECENTLY WITH REGARD TO
HOMOSEXUALITY
1. THOSE ONCE CLASSIFIED AS DISEASED ARE NOW QUASI-PROTECTED
CATEGORY
• UNITED STATES V. WINDSOR (2013)
• OBERGFELL V. HODGES (2015)
• CIVIL RIGHTS ACT OF 1964 LISTED NECESSARY CHARACTERISTICS OF
PROTECTED CLASSES
• SOME DENY GAYS AND LESBIANS FIT INTO SCHEME

10. THE LAW AND GAY RIGHTS VERSUS
RELIGIOUS LIBERTY
2. INVOLVES CONCERNS DISSENTING JUSTICES HAD IN OBERGFELL FOR
RELIGIOUS LIBERTY IN ITS AFTERMATH
• BELIEVED DECISION WOULD BE USED TO VILIFY THOSE WHO DID NOT AGREE
• “SUCCESS” IS ODD AS RELIGION IS ORIGINAL PROTECTED CATEGORY IN
UNITED STATES
• AS WITH ALL FREEDOMS, THERE ARE EXCEPTIONS
• GOVERNMENT CAN INTERFERE WITH RELIGIOUS PRACTICES
• REYNOLDS V. UNITED STATES (1878)

11. THE CONCEPT OF “COMPELLING
GOVERNMENT INTEREST”
• ACCEPTED STANDARD FOR WEIGHING GOVERNMENT INTEREST AGAINST A
CONSTITUTIONAL RIGHT
• WHAT IS OR IS NOT COMPELLING INTEREST
• DEFINED FROM CASE TO CASE
• INVOLVE ENGAGEMENT IN ACTIONS THAT WERE CONTRARY TO CRIMINAL LAW
OR COULD HURT OR ENDANGER OTHERS
• WHAT THEY COULD NOT DO
• WHAT ABOUT WHAT A PERSON MUST DO?

12. THE CONCEPT OF “COMPELLING
GOVERNMENT INTEREST”
• CHANGES IN SECULAR DEFINITION OF MARRIAGES
• RESULTED IN COLLISION OF RIGHTS THAT IMPOSE SEEMINGLY IRRECONCILABLE
DEMANDS
• ISSUE NOT LIMITED TO RELIGIOUS ORGANIZATIONS
• SMALL BUSINESSES HAVE ALSO BEEN LEGALLY TARGETED
• ELANE PHOTOGRAPHY V. WILLOCK (2012)
• NEW MEXICO SUPREME COURT CASE
• SCOTUS DENIED CERTIORARI
• SAME-SEX MARRIAGE NOT RECOGNIZED IN NEW MEXICO AT TIME OF CASE

13. THE CONCEPT OF “COMPELLING
GOVERNMENT INTEREST”
• OTHER INSTANCES:
• ARLENE’S FLOWERS
• SWEET CAKES BY MELISSA
• ISSUE OFTEN FRAMED AS REFUSAL TO SERVE GAYS
• ACTUAL ISSUE IS ONE OF PARTICIPATING IN EVENTS THAT CONTRAVENES
RELIGIOUS IDENTITIES
• HAS BECOME THAT BUSINESSES OWNED BY DEVOUT INDIVIDUALS MUST EITHER
VIOLATE IDENTITIES OR FACE LEGAL PENALTIES

14. CAN THE RIGHTS OF BOTH GAYS AND
RELIGIOUS DISSENTERS BE
PROTECTED?
• SOME SEE BATTLE AS A ZERO-SUM BATTLE
• OTHERS SEE POSSIBILITY OF COMPROMISE
• ARGUED THERE SHOULD BE NO WINNERS AND LOSERS IN THESE BATTLES
• BOTH SIDES MUST BE WEIGHED WITH EQUAL SERIOUSNESS
• BALANCED APPROACH SEEMS APPROPRIATE
• AMERICAN PUBLIC SEEMS TO AGREE
• GALLOP (2014) POLL
• RASMUSSEN (2013) POLL

15. CAN THE RIGHTS OF BOTH GAYS AND
RELIGIOUS DISSENTERS BE
PROTECTED?
• SOME BELIEVE THERE IS A “WAR ON RELIGION” TAKING PLACE IN AMERICA
• JUDGES MERELY FOLLOWING CURRENT LAW
• IF LAW IS THE PROBLEM, THEN LAW IS THE ANSWER
• THROUGHOUT AMERICAN HISTORY, GOVERNMENT HAS ALLOWED MANY
RELIGIOUS EXCEPTIONS
• ONE CAN ARGUE MOST ONLY “BURDENED” STATE
• IGNORES BURDEN ON THOSE REQUIRED TO VIOLATE PRINCIPLES OR LOSE
BUSINESSES AND FACE LEGAL PENALTIES

16. CAN THE RIGHTS OF BOTH GAYS AND
RELIGIOUS DISSENTERS BE
PROTECTED?
• BURWELL V. HOBBY LOBBY STORES, INC. (2014)
• POINTS TO SOLUTION FOR MUTUAL PROTECTION OF RIGHTS
• COURT HELD “CLOSELY HELD” CORPORATION OWNERS HAVE RELIGIOUS RIGHTS
UNDER THE RELIGIOUS FREEDOM RESTORATION ACT (RFRA) OF 1993
• GOVERNMENT HAS FOUND “LEAST-RESTRICTIVE MEANS”

17. CAN THE RIGHTS OF BOTH GAYS AND
RELIGIOUS DISSENTERS BE
PROTECTED?
• RFRA MANDATES STRICT SCRUTINY REVIEW BE USED WHEN DETERMINING IF
FREE EXERCISE CLAUSE HAS BEEN VIOLATED
• PASSED AS BARRIER TO GROWING GOVERNMENT ENCROACHMENT ON
RELIGIOUS LIBERTY
• OTHER COMPANIES DISCUSSED HAVE BEEN SIMILARLY TARGETED AS IN
BURWELL
• FIT DEFINITION FAR MORE CLOSELY
• LEAST-RESTRICTIVE-MEANS STANDARD NOT APPLIED IN THESE CASES

18. CAN THE RIGHTS OF BOTH GAYS AND
RELIGIOUS DISSENTERS BE
PROTECTED?
• CITY OF BOERNE V. FLORES (1997)
• RFRA ONLY APPLIES TO FEDERAL GOVERNMENT
• TWENTY-ONE STATES HAVE PASSED OWN RFRAS
• NOT STATES INVOLVING FLOWER AND BAKERY CASES
• NEW MEXICO HAS RFRA
• NEW MEXICO SUPREME COURT HELD IT ONLY APPLIED TO DISPUTES INVOLVING
GOVERNMENT AGENCY AS PARTY
• GAY RIGHT/RELIGIOUS FREEDOM IS ISSUE THAT MUST BE RESOLVED

19. PROSTITUTION AND COMMERCIALIZED
VICE
• PROSTITUTION DEFINED
• FBI DEFINITION
• EARLIEST WRITINGS REGARDING PROSTITUTION CONTAINED IN CODE OF
HAMMURABI
• PROSTITUTES ENJOYED SOMETHING OF PRIVILEGED STATUS
• ANCIENT GREECE
• HETAERAE
• PORNAE
• AULETRIDES

20. PROSTITUTION AND COMMERCIALIZED
VICE
• BEEN CONSIDERED A “NECESSARY EVIL” THROUGHOUT AMERICAN HISTORY
• AMERICAN REVOLUTION
• HOOKER
• PROSTITUTES PARTICULARLY ACTIVE IN OLD WEST
• SCOURGE OF VENEREAL DISEASE AND VICTORIAN MORALITY MARKED CHANGE IN
ATTITUDES
• WHITE SLAVE TRAFFIC ACT OF 1910
• PROHIBITED WHITE SLAVERY
• FELONY TO TRANSPORT WOMEN ACROSS STATE LINES FOR IMMORAL PURPOSES

21. PROSTITUTION AND COMMERCIALIZED
VICE
• MORTENSEN V. UNITED STATES (1944)
• ROE V. BUTTERWORTH (1997)
• ROE ARGUED PROSTITUTION LAWS ARE VIOLATION OF RIGHT TO PRIVACY
• RATIONALIZATION IS SANCTITY OF MARRIAGE
• HARMS?
• SPREAD OF DISEASE
• CLOSE RELATION TO DRUG MARKET
• TRAFFICKING WOMEN FROM POOR COUNTRIES

22. SHOULD PROSTITUTION BE
DECRIMINALIZED/LEGALIZED?
• DECRIMINALIZATION
• REMOVAL OF LAWS AGAINST PROSTITUTION WITHOUT IMPOSING REGULATORY
CONTROLS ON IT
• LEGALIZATION
• BECOMES LEGITIMATE OCCUPATION
• STATE CAN REGULATE AND TAX
• NETHERLANDS
• UNITED KINGDOM
• SWEDEN

23. PORNOGRAPHY/OBSCENITY
• TERMS USED INTERCHANGEABLY IN SPEECH
• JACOBELLIS V. OHIO (1964)
• JUSTICE POTTER STEWART
• PORNOGRAPHY
• DEFINED
• TERM LITERALLY MEANS “THE WRITING OF WHORES”
• OBSCENITY
• DEFINED

24. TESTS FOR OBSCENITY
• REGINA V. HICKLIN (1868)
• LAW CAN BAN ANYTHING THAT DEPRAVES AND CORRUPTS THOSE WHOSE MINDS ARE OPEN TO SUCH
IMMORAL INFLUENCES
• ROTH V. UNITED STATES (1957)
• MORE STRICTLY DEFINED OBSCENITY
• MATERIAL WHOSE DOMINANT THEME APPEALS TO PRURIENT INTERESTS OF AVERAGE PERSON ACCORDING
TO CONTEMPORARY STANDARDS
• MILLER V. CALIFORNIA (1973)
• REAFFIRMED IT IS NOT PROTECTED SPEECH
• MATERIAL MUST
1. APPEAL TO PRURIENT INTERESTS AS DETERMINED BY AVERAGE PERSON APPLYING CONTEMPORARY
STANDARDS
2. DESCRIBE-ILLUSTRATE SEXUAL ACTIVITY IN PATENTLY OFFENSIVE WAY
3. LACKS SERIOUS LITERARY, ARTISTIC, SCIENTIFIC, OR POLITICAL VALUE

25. PORNOGRAPHY
• CRITICS
• STRONGLY CRITICIZED BY RELIGIOUS LEADERS AND CONSERVATIVES
• CRITICIZED BY FEMINISTS AS EVIL THAT INSULTS AND DEMEANS WOMEN
• IT CAUSES RAPE
• DEFENDERS
• CLAIM IT DOES NOT CAUSE DIRECT HARM
• ONLY DIRECT HARM SHOULD BE PUNISHED
• DEFENDERS HAVE SHIFTED ARGUMENTS TO FREEDOM OF SPEECH CLAUSE OF FIRST
AMENDMENT

26. PORNOGRAPHY
• PORNOGRAPHERS HAVE DEEP POCKETS
• HAVE WON PRACTICALLY ALL THEIR BATTLES BASED ON FREE SPEECH ARGUMENTS
• AMERICAN BOOKSELLERS V. HUDNUT (1984)
• U.S. SEVENTH CIRCUIT COURT OF APPEALS INVALIDATED ANTIPORNOGRAPHY
ORDINANCE PASSED EXPLICITLY ON BASIS OF THE HARM IT DOES
• ASHCROFT V. FREE SPEECH COALITION (2002)
• CHILD PORNOGRAPHY NOT OUTSIDE PROTECTION AS LONG AS IMAGES OF CHILDREN
PRESENTED ARE “VIRTUAL” AND NOT REAL

27. PORNOGRAPHY
• ONE CLAIM DIFFICULT TO RECONCILE WITH ACTUAL DATA: THAT
PORNOGRAPHY CAUSES RAPE
• MOST SERIOUS OF THE HARM CLAIMS
• NATIONAL CRIME VICTIMIZATION SURVEYS (NCVS)
• HAS BEEN STEADY AND SIGNIFICANT DROP IN SELF-REPORTED RAPE
VICTIMIZATION
• ROUGHLY COINCIDES WITH EMERGENCE OF EXPLICIT PORNOGRAPHY IN LATE
1960S AND EARLY 1970S
• NOT A CLAIM AVAILABILITY HAS CAUSED SUBSTANTIAL DROP

28. ABORTION
• DEFINED
• FEW ISSUES MORE STRONGLY DIVIDE MODERN AMERICAN
• WHEN PROHIBITED IN UNITED STATES IT WAS CONSIDERED A VICE CRIME
• HARDLY FITS STANDARD DEFINITION
• VICTIMLESS AND CONSENSUAL ARE PROBLEMATIC TERMS

29. ABORTION
• PRO-LIFE ADVOCATES
• ARGUE EMBRYO/FETUS/POTENTIAL HUMAN/HUMAN IS A VICTIM
• TERM CONSENSUAL IS NO BETTER THAN VICTIMLESS
• AS LONG AS WOMEN HAVE BECOME PREGNANT WITHOUT A COMMITTED
MATE, ABORTION HAS BEEN SOUGHT
• VIEWS OF ABORTION HAVE FLUCTUATED ACROSS CENTURIES

30. ABORTION
• FIRST REGULATORY LAWS
• CODE OF HAMMURABI
• MIDDLE AGES AND EARLY NINETEENTH CENTURY
• VIEWS CHANGED AROUND LATE NINETEENTH CENTURY
• ROMAN CATHOLIC CHURCH IN 1869
• ATTITUDES TOWARD THOSE PERFORMING THEM GENERALLY MORE SEVERE
• REX V. BEARE (1732)

31. ABORTION
• TURN OF TWENTIETH CENTURY
• EVERY STATE PROHIBITED EXCEPT WHERE WOMAN’S LIFE WAS AT RISK
• ENFORCEMENT WAS SLACK
• MANY PERFORMED BY SHADY OR REFORMED PHYSICIANS
• MANY PERFORMED BY THOSE CLAIMING TO HAVE EXPERIENCE
• PRO-CHOICE ADVOCATES
• GRISWOLD DECISION SET STAGE TO CHALLENGE ABORTION LAWS IN SUPREME COURT
• SEVENTEEN STATES AMENDED LAWS BY 1973
• ALLOWED THEM UNDER CERTAIN CIRCUMSTANCES
• MOST STILL HAD RESTRICTIVE LAWS

32. ABORTION
• ROE V. WADE (1973)
• RIGHT TO UNLIMITED ACCESS IN FIRST TRIMESTER
• ALLOWED REGULATION IN SECOND TRIMESTER
• PROHIBITED IT IN THIRD TRIMESTER UNLESS HEALTH AT RISK
• DOE V. BOLTON (1973)
• ARGUED SAME DAY AS ROE
• WOMAN MAY OBTAIN ABORTION AFTER VIABILITY ONLY IF NECESSARY TO PROTECT
HER HEALTH
• COURT HAS BEEN FINE TUNING ABORTION LAWS EVER SINCE

33. ABORTION
• HARRIS V. MCRAE (1980)
• COURT UPHELD HYDE AMENDMENT
• RESTRICTED MEDICAID FUNDING FOR ABORTIONS TO CASES OF RAPE OR INCEST
• WEBSTER V. REPRODUCTIVE HEALTH SERVICES (1989)
• UPHELD STATUTE BANNING USE OF PUBLIC FACILITIES AND EMPLOYEES TO PERFORM
ABORTIONS
• UPHELD REQUIREMENT THAT PHYSICIANS TEST FOR FETAL VIABILITY BEGINNING AT
TWENTY-FOUR WEEKS OF PREGNANCY
• RESPONSE BY PRO-CHOICE ADVOCATES

34. ABORTION
• PLANNED PARENTHOOD V. DANFORTH (1976)
• COURT OVERTURNED LAW REQUIRING MARRIED WOMEN TO OBTAIN HUSBAND’S
CONSENT BEFORE OBTAINING ABORTION
• HODGSON V. MINNESOTA (1990)
• COURT INVALIDATED LAW REQUIRING BOTH PARENTS BE INFORMED BEFORE
MINOR CAN OBTAIN ABORTION
• RESPONSE BY PRO-LIFE ADVOCATES

35. ABORTION
• PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA V. CASEY (1992)
• COURT OVERTURNED TRIMESTER SCHEME INTRODUCED IN ROE AND UPHELD ACT
THAT REQUIRED:
• WOMEN SEEKING ABORTIONS GIVE “INFORMED CONSENT”
• NOTIFYING SPOUSE OF HER INTENTIONS
• MINORS MUST HAVE PARENTAL CONSENT
• TWENTY-FOUR-HOUR WAITING PERIOD BEFORE OBTAINING
• IMPOSED REPORTING REQUIREMENTS ON FACILITIES
• PROVIDED STATES ABILITY TO REGULATE BEFORE AND AFTER VIABILITY

36. PARTIAL-BIRTH ABORTION
• DEFINED
• NOTHING SPLITS TWO OPPOSING CAMPS MORE BITTERLY
• STENBERG V. CARHART (2000)
• NEBRASKA LAW DEFINED IT AS “KILLING A CHILD,” A FELONY
• COURT RULED DEFINITION WAS UNCONSTITUTIONAL
• AS RESULT OF STENBERG DECISION, U.S. CONGRESS PASSED PARTIAL-BIRTH
ABORTION BAN ACT OF 2003

37. PARTIAL-BIRTH ABORTION BAN ACT OF
2003
• CONTAINED TWO RESEARCH FINDINGS
1. MORAL, MEDICAL, AND ETHICAL CONSENSUS EXISTS THAT PRACTICE IS
GRUESOME AND INHUMANE PROCEDURE, NEVER MEDICALLY NECESSARY, AND
SHOULD BE PROHIBITED
2. IT IS A DISFAVORED MEDICAL PROCEDURE THAT IS NOT NECESSARY TO PRESERVE
HEALTH OF MOTHER
• NUMEROUS STATES REINSTITUTED BANS
• GONZALES V. CARHART (2007)
• ACT UPHELD BY COURT
• DID NOT OVERTURN STENBERG
• CASE DISTINGUISHED FROM FIRST

38. ABORTION
• IN 1995, 56 PERCENT OF AMERICANS CONSIDERED THEMSELVES PRO-CHOICE
• 33 PERCENT CONSIDERED THEMSELVES PRO-LIFE
• BY 2013, MORE CONSIDERED THEMSELVES PRO-LIFE (48 PERCENT ) THAN PRO-
CHOICE (45 PERCENT )
• RELATIVELY FEW PEOPLE AT MORAL EXTREMES
• ONLY 27 PERCENT THOUGHT ABORTION SHOULD BE LEGAL UNDER ANY
CIRCUMSTANCES
• ONLY 22 PERCENT THOUGHT IT SHOULD BE ILLEGAL UNDER ALL CIRCUMSTANCES
• FUTURE IMPLICATIONS

39. ABORTION
• LEAVING OUT STATUS OF FETUS/CHILD AND ISSUE OF “TERMINATION”
VERSUS “KILLING”, WHAT OTHER HARMS ARE INVOLVED?
• STUDIES SHOW THOSE WHO UNDERGO PROCEDURE SIGNIFICANTLY MORE LIKELY
TO BE DIAGNOSED WITH RANGE OF MENTAL DISORDERS
• OTHERS SAY THESE RISKS ARE LOW
• ONE CONTENTIOUS “BENEFIT”
• CONTRIBUTES SIGNIFICANTLY TO LARGE REDUCTION IN CRIME IN UNITED
STATES
• UNWANTED CHILDREN AND RISK

40. ALCOHOL
• HUMANS HAVE FONDNESS FOR INGESTING SUBSTANCES THAT ALTER OUR
MOODS
• ALCOHOL DEFINITELY A FAVORITE
• BEN FRANKLIN
• ANCIENT EGYPTIANS
• CHINESE
• OF ALL SUBSTANCES, ALCOHOL MOST DIRECTLY LINKED TO CRIME
• STATISTICS

41. FETAL ALCOHOL SYNDROME (FAS)
• TYPE OF FETAL ALCOHOL SPECTRUM DISORDER (FASD)
• NEUROLOGICAL DISORDERS THAT RESULT FROM MOTHERS DRINKING WHILE
PREGNANT
• PREVALENCE IS AROUND 1 PERCENT OF LIVE BIRTHS IN U.S.
• RESULTS IN IDENTIFIABLE PHYSICAL ABNORMALITIES AND BEHAVIORAL
SYMPTOMS
• EACH DEFICIT CAN BE LINKED TO CRIMINAL BEHAVIOR INDEPENDENTLY OF FAS,
HOWEVER
• FAS INDIVIDUALS ALMOST ALWAYS HAVE THEM ALL

42. TAMING THE BEAST IN THE BOTTLE
• PREMODERN TIMES
• BEER DRANK BY ADULTS AND CHILDREN
• OFTEN SAFER THAN WATER
• LESS POTENT THAN TODAY
• PROBLEMS AROSE FROM STRONG LIQUOR
• MASSACHUSETTS COLONY IN 1657
• ATTEMPT AT FIRST PROHIBITION
• AIMED AT ONLY STRONG LIQUORS
• EFFORTS MADE THROUGHOUT HISTORY AT ATTEMPTING TO PROHIBIT ALL KINDS
FOR HEALTH AND MORAL REASONS

43. TAMING THE BEAST IN THE BOTTLE
• MASSACHUSETTS SOCIETY FOR THE SUPPRESSION OF INTEMPERANCE
• FORMED IN 1828
• FIRST MOVEMENT TO HAVE ANY REAL IMPACT
• THIRTEEN STATES PASSED LAWS PROHIBITING SALE BY TIME OF CIVIL WAR
• PROHIBITION PARTY FOUNDED IN 1869
• WOMEN’S TEMPERANCE UNION IN 1874

44. TAMING THE BEAST IN THE BOTTLE
• KANSAS (1881)
• BECAME FIRST STATE TO OUTLAW SALE OF ALCOHOL
• MOVEMENT SPURRED ON BY WWI IN 1917
• PROMINENT BREWERIES HAD GERMAN NAMES
• EIGHTEENTH AMENDMENT PASSED IN 1920
• SUPPLEMENTED BY VOLSTEAD ACT OF 1919
• DEFINED INTOXICATING LIQUOR AS ANYTHING CONTAINING MORE THAN 0.5 PERCENT
ALCOHOL
• TOGETHER THE TWO CONSTITUTED: PROHIBITION

45. TAMING THE BEAST IN THE BOTTLE
• DEEP HOSTILITY BETTER CHARACTERIZED AS HOSTILITY TO OTHER PEOPLE’S USE
• PUBLICLY “DRY” VERSUS PRIVATELY “WET”
• SUPPORT WANED AFTER 1929 STOCK MARKET CRASH PRODUCED GREAT
DEPRESSION
• COSTS OF GOVERNMENT TO ENFORCE
• ECONOMIC ARGUMENT WON THE DAY
• IN 1933, TWENTIETH-FIRST AMENDMENT REPEALED EIGHTEENTH AMENDMENT
• ONLY AMENDMENT TO BE REPEALED BY RATIFICATION OF ANOTHER

46. ILLICIT DRUGS
• ONLY BEHAVIOR ADDRESSED IN CHAPTER NOT CURRENTLY LEGAL, QUASI-LEGAL,
OR DE FACTO LEGAL
• NOT ALWAYS THE CASE
• MANY ADDICTIVE SUBSTANCES WIDELY USED
• SIGMUND FREUD AND COCAINE
• COCA-COLA AND OTHER PUBLICLY AVAILABLE PRODUCTS
• ATTITUDES CHANGED AS PHYSICIANS CAME TO UNDERSTAND ADDICTIVE
POWERS
• EARLY FEDERAL AND STATE ACTS AIMED AT SPECIFIC PRACTICES AND SUBSTANCES

47. ILLICIT DRUGS
• HARRISON NARCOTICS ACT OF 1914
• BENCHMARK FOR CHANGING ATTITUDES TOWARDS DRUGS
• REGULATED AND TAXED PRODUCTION, IMPORTATION, AND DISTRIBUTION OF
OPIATES
• BY 1920S ADDICTS VIEWED AS CRIMINAL DEVIANTS USING DRUGS FOR
PLEASURE
• ACT INITIALLY REDUCED NUMBER OF ADDICTS
• INCREASED BLACK MARKET OPERATIONS AND ULTIMATELY MORE ADDICTS

48. ILLICIT DRUGS
• ILLICIT DRUGS HIJACK BRAIN AND IMPACT PLEASURE CENTERS MORE THAN
ALCOHOL
• INTIMATELY RELATED TO CRIMINAL ACTIVITY
• DOES NOT SEEM TO INITIATE A CRIMINAL CAREER
• USUALLY COMES AT LATER STAGES OF CAREER
• CAN CONTRIBUTE TO CONTINUITY IN CRIME
• LINK BETWEEN DRUGS AND CRIME LARGELY DRIVEN BY THEIR ILLEGALITY
• NOT PHARMACOLOGICAL EFFECTS

49. ILLICIT DRUGS
• REAL LINK ASSOCIATED WITH PATTERNS OF INTERACTION WITHIN SYSTEM OF
DISTRIBUTION AND USE
• VIOLENCE LARGE PART OF DOING BUSINESS
• DRUG VIOLENCE ON STREETS OF THE UNITED STATES IS MOST CLOSELY LINKED
WITH GANG BATTLES OVER CONTROL TERRITORY
• NATIONAL INSTITUTE OF JUSTICE (1991)
• ESTIMATED IN 1988 ABOUT 80 PERCENT OF HOMICIDES IN WASHINGTON, DC ,WERE
DRUG-RELATED
• DRAMATIC INCREASE IN HOMICIDES BEGINNING IN MID-1980S ATTRIBUTED TO
EMERGENCE OF CRACK COCAINE

50. ILLICIT DRUGS
• THERE HAVE BEEN NO SUPREME COURT CASES CHALLENGING STATES’ RIGHTS
TO CRIMINALIZE ILLICIT DRUGS
• INDICATES WIDESPREAD AGREEMENT THAT MANUFACTURE AND SALE OF SUCH
SUBSTANCES ARE MORALLY WRONG AND CAUSE HARM
• CLEAR THAT USE IS HARMFUL
• “WAR ON DRUGS” HAS BEEN CAUSE OF MORE HARM THAN IT PREVENTED
• MOST COUNTRIES HAVE ABANDONED THEIR WARS ON DRUGS

51. ILLICIT DRUGS
• MOST COUNTRIES HAVE REVERTED TO HARM REDUCTION PROGRAMS
• POLICIES AIMED SOLELY AT MINIMIZING HARM
• INCLUDE SYRINGE-EXCHANGE PROGRAMS, DRUG-SUBSTITUTION PROGRAMS,
AND DECRIMINALIZING USE
• REJECTED BY UNITED STATES AND ONLY HANDFUL OF OTHER COUNTRIES