european union and crime

Organized Crime: A Contested Concept The presence of organized crime in modern society is not as a cut and dry concept as most people would intuitively think. Take for example the existence of prostitution in virtually every society that has existed throughout the course of humanity.

Although it is clear that this practice falls outside the realm of what is considered to be acceptable by the majority, many of the practitioners of this trade are actually grateful that they have the opportunity, the clients are obviously satisfied or else the demand for such services would not exist in the first place, and there is, in most cases, no one that is actually harmed in the process (at least directly).

Therefore, whether organized or not, where does the actual criminality for such practices come into play? Is it because some people and/or groups believe it fall outside their limits of moral acceptability? Or is it because someone is either directly or indirectly harmed in the process? Prostitution is often cited as an example of a case in which there is a victim-less crime.

Although there are cases in which people may be forced into the trade against their will, which is obviously questionable and likely criminal, in many cases all the parties involved are fully consenting and willing in a majority of the activities that occur in this controversial industry. Other industries, such as drugs for example, are more complex, but also have an element of consent that on some level could also lead them to be considered a victim-less crime.

Many advanced nations, especially the U.S., have embarked upon a retribution scheme for punishment that shown to be counterproductive from many perspectives. This analysis will take a hard look at what is perceived to be "crime" and try to unpack the criminality of certain issues on a more objective basis than what is typically applied to many subjectively determined acts of criminality.

Prostitution Prostitution is one of the crimes that is often referred to when anyone talks about the occurrence, or potential, of a "victim-less" crime. Of course, such a debate does not focus on the individuals that engage in such actions because they are forced to for some reason that is beyond their own will, yet others draw no such distinction. An example of this is clearly the realization that human trafficking for prostitution is a real occurrence that harms many vulnerable women around the globe.

In fact, some argue that there is actually no difference between prostitution and sexually-based human trafficking because of the lack of choice that drive this institution. Kansas State University describes the problem as containing many elements that are not based on consensual choice (Freedom Alliance at Kansas State University, N.d.): "Sex trafficking is essentially the buying or selling of a person for the purpose of sexual exploitation or the trade in rape, as IJM calls it.

"Demand fuels the purchase of human beings for sex" and if there is a demand, people will make sure to provide a supply. The reason why the demand is so high is because of our culture that "tolerates or promotes sexual exploitation; men who buy commercial sex; exploiters who make up the sex industry; and states that are complicit in providing safe haven for pimps and traffickers either as source or destination countries.

In the past few years as more research and focus has been on human trafficking, it has been found that there are a significant number of boys and men that are sex trafficked as well. In some areas, up to 50% of children have been boys. Unfortunately, there are not many services or safe homes for girls or women that are trafficking victims. Even more unfortunate is that there is not a single safe home in the U.S.

for trafficked boys (though one is currently being built)." It seems clear from such arguments that organizations such as this are attempting to broaden the base of concerned individuals by citing the instances that are not restricted only to the female gender. Furthermore, this group also goes on to deny the instances of people who enter into the trade consensually by citing statistics of factors that would imply that everyone who enters into the trade are somehow coerced in some manner.

In a perfect world, it would seem reasonable to suspect that no female would want to enter in the field of prostitution willingly. Some argue that women are virtually forced into the trade because of factors that are related to things such as poverty and oppression. In the words of Daniel Walker, an undercover investigator into the sex industry (Giant, 2012) "I would be doing them {prostitutes} a gross disservice to pretend that there are not degrees of freedom and more subtle forms of exploitation involved in every case.

What broke my heart on many occasions was hearing the stories of women who were equally enslaved by poverty, sexism, gender inequality or addiction.

While they fell outside the narrow legal definition of "forced" or "trafficked" and were therefore beyond our ability to assist, they longed for an alternative means of survival and for the opportunity to escape the invisible chains that held them." -- God in a Brothel Therefore, even those who believe that some individuals enter into the field in a legitimate and consensual arrangement, that these individuals only do so because they are somehow forced into the trade by other related factors such as poverty.

Other girls who have been involved in the industry have also pointed to instances of being underage immigrants who had histories of trauma and abuse (Lloyd, 2015). They have claimed that the presence of an exponentially growing adult sex industry has led to both the rates of child exploitation as well as in human trafficking as shady entrepreneurs have seek to fill the demand that different populations have produced.

However, disturbing the idea of commercial sex may be to many people, it's naive to believe that prostitution can ever be eliminated entirely; the demand for sex will be met with supply, one way or another, no matter what is legislated (Albert, 2004). Although there are various opinions on this issue that stem from a multitude of different perspectives and different value systems, there are conflicting findings that are produced from research as well.

For example, one study based its empirical analysis on a cross-section sample of up to 150 countries and its methodology on economic theory; and found that the scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones (Cho, Dreher, & Neumayer, 2012) The study further claims that the scale effect dominates the substitution effect and on average, countries where prostitution is legal experience larger reported human trafficking inflows than countries that criminalize the industry.

The findings of studies such as this are based upon many different assumptions however. For example, although it could be construed as being largely pragmatic, the results are based on an uneven distribution of countries, some who have legalized prostitution and others that have criminalized it. Although considering such issues on a pragmatic basis could have significant implications for the outcomes of millions of individuals, it does not necessarily tell the whole story.

For example, if I was a struggling young and ambitious entrepreneur who was willing to get into this industry to make quick profits, it is likely that I would pick the markets that were legal in order to minimize my risk. Therefore, if many "pimps" also think the same way, then they will all be rushing to the countries that have legalized the practice. Furthermore, the individuals who are actually forcing women who also rush to these "safe" zones.

Therefore, the pragmatic effects of a policy of criminalization likely does not have any meaningful implication as to whether the practice itself is actually one that is criminal in nature. Sex work is legitimate work and problems within the industry are not inherent in the work itself; it is vulnerability, not sex work, which creates victims (Lopes, 2006). People that have actually spent time with the women that have worked in the sex industry have also been able to paint a different picture of the story that is being told.

For example, Laura Agustin studied migrant workers in the sex industry and can tell a story of women who were eager to travel, see the world, make money and accept whatever jobs that were available along the way so that they could live the lives that they wanted to live (Agustin, 1988). Stories such as these highlight the fact that consensual agreements do in fact exist and that the stigma is probably inaccurate in at least part. Drugs The drug trade is often cited as another example of a victimless crime.

It can be argued that people under the influence of drugs might be more likely to turn to crime to support their habits, however it is a more difficult position to argue that the average drug user who does not resort to such extreme measures is actually committing a crime. The effects that drugs have on the whole of society are arguably one of the misunderstood factors of all the different issues that are related to public policy.

For example, instead of actually understanding and targeting the specific factors that have been well researched and have been strongly correlated with the use of drugs, such as a lack of an education or poverty for instance, many governments are quick to propose a solution that includes the criminalization of drugs in one form or the other. In fact, there are many options available that do not include criminalization, most notably, the treatment of people who have addition issues.

In recent years there have been some countries that have taken more sustainable paths towards treating drug use as a public policy issue. For instance, Portugal decriminalized all drugs in the country in 2001, including even the hard drugs such as cocaine and heroin. Although there are somewhat conflicting accounts of the effectiveness of these polices, there are virtually none that point to Portugal being the center of anarchy and mayhem that it was predicted to be before such policies were enacted.

Data collected since this time all drug usage was legalized has typically indicated that usage has not increased whatsoever and possibly even decreased slightly (Greenwald 2009). Furthermore, the effects of decriminalization only tell part of the story if one considers the direct effects alone. By decriminalizing the entire drug trade, Portugal has created an environment in which many individuals who wish to confront their addictions can seek treatment programs to deal with their "disease." As a result, there is both ample evidence to suggest that there are more.