Legalizing Prostitution in California This

Legalizing Prostitution in California This research attempts to examine three hypotheses related to the decriminalization or legalization of prostitution in the state of California: it is wasteful to attempt to fight prostitution as a crime; legalization would reduce the spread of sexually-transmitted diseases, violence, and drug use; and the overall outcome of legalizing prostitution would be positive for all citizens as a result of increased funding available for state programs.

These hypotheses will be examined by thoroughly studying past and current literature on the pros and cons of different legal attitudes toward prostitution in different areas, as well as the economic crisis in California specifically.

Table of Contents Senior Research Project Approval Form Abstract Table of Contents Introduction Background of the Study Problem Statement Purpose and Objectives Rationale of the Study Limitations of the Study Research Hypothesis Summary of Remaining Chapters Chapter II: Literature Review Chapter III: Methodology Chapter IV: Results Chapter V: Discussion, Conclusions, and Recommendations References Chapter I: Introduction Background of the Study California's economy is suffering; prostitutes there -- as everywhere -- are suffering. Legalizing, regulating, and taxing prostitution in the state of California could help resolve both problems.

Money poured into fighting the "victimless" crime of prostitution could be redirected toward eliminating California's state debt, and the regulation and taxation of a legalized prostitution market could significantly contribute to state revenue. Other nations and states have proven by example that legalizing prostitution is a way to reduce crime and its related expenses, improve health and welfare conditions for prostitutes, and increase government income.

This research aims to prove that these factors contribute to an overall more progressive society and far outweigh any negative results; therefore, prostitution in the state of California should be legalized. The United States has failed to adjust its views on prostitution to match policies on other "risky" activities and substances, such as alcohol, tobacco, and firearms. This is due to misconceptions about prostitution and its effect on women and society in general.

A wealth of information is available on this topic, and opposing viewpoints will be considered and rebutted in order to effectively support the argument that from a criminal justice viewpoint, prostitution should be legalized in California. This research will provide an overview of background information on California's economy, as well as a history of the attempts and outcomes of legalizing prostitution in other states and nations.

Other background information will be provided on the expense and futility of attempting to significantly reduce or ban prostitution from society, as well as possible economic and health benefits resulting from the legalization and government control of the sex trade. Problem Statement Governments in states such as California are in serious trouble. Overloaded with debt, California seems to have no way out except through drastic cutbacks in critical programs and services.

At the same time, millions of dollars in government money are spent yearly on fighting "victimless" crimes such as prostitution and marijuana use. This project aims to explore the nature of prostitution and whether or not it should be considered a criminal offense.

If prostitution were decriminalized in California, millions of dollars of desperately needed funds could be funneled into paying off state debts, rather than going toward futile attempts at wiping out "the world's oldest profession." Other nations and states have proven by example that legalizing prostitution is a way to reduce crime and its related expenses, improve health and welfare conditions for prostitutes, and increase government income.

This research aims to prove that these factors contribute to an overall more progressive society and far outweigh any negative results; therefore, prostitution in the state of California should be legalized. Moreover, the United States has failed to adjust its views on prostitution to match policies on other "risky" activities and substances, such as alcohol, tobacco, and firearms. This is due to misconceptions about prostitution and its effect on women and society in general.

Purpose and Objectives This study will thoroughly examine past and current literature on the nature of prostitution and its effects on women, families, and society. Many countries have already legalized prostitution, and even in the United States it is licensed and regulated in Nevada.

What effect has this decriminalization or legalization had on the prostitutes themselves, on the men who solicit them, on their families, and on society as a whole? Since history has proven that prostitution will never be completely eliminated from human society, is it worth the time and money to fight its existence? And if not, doesn't it make sense to channel all of that money into paying off debts in order to save important government programs dedicated to feeding the poor and educating children? This project will explore the proactive measures currently being debated regarding the legalization of prostitution.

Rationale of the Study The purpose of this research is simple: funds in California need to be reallocated in order to protect critical government programs; other states and countries have successfully decriminalized or legalized prostitution in order to save money. California needs to seriously consider taking action to follow suit as a means of saving the economy. Furthermore, it appears the benefits of legalizing prostitution extend beyond merely saving government time, money, and resources.

In summary, something must be done to save California's economy before severe budget cuts harm the general welfare of society. Contrary to popular belief, legalizing prostitution would not contribute to a downgrading of this society; rather, regulation and taxation could have significant positive effects for everyone involved. Limitations This research will be limited by an inability to conduct firsthand-interviews with prostitutes, politicians, and law enforcement officials in California. Information to support the thesis will instead be culled from the myriad of existing references available on the subject of legalizing prostitution.

Research Hypotheses This project will test the following hypotheses: 1. Fighting prostitution as a crime is a waste of taxpayers' money, as well as government time and resources. This money could be better used to pay off debts and continue government service programs for the public good. 2. Decriminalizing prostitution will decrease violence, drug use, and sexually transmitted diseases associated with the "underground" world of criminal prostitution. 3. Decriminalizing prostitution will have a general positive, rather than negative, effect on Californian society.

Summary of Remaining Chapters Chapter II will provide an overview of past and current literature on California's economy, pros and cons of legalization vs. prohibition of prostitution, and results of legalizing or decriminalizing prostitution in other states and countries. Chapter III explains findings from this literature and previous research with regard to the overriding main hypothesis: prostitution should be legalized in California. These findings are then analyzed in Chapter III as a preface to the conclusions drawn in Chapter IV regarding the stated hypothesis.

Chapter II: Literature Review California's Economic Demise Recent news is filled with dire predictions for California's economy. Governor Arnold Schwarzenegger has thrown up his hands and declared his state akin to the failed economies of Greece and Ireland (Lubin, 2010). Only with "terrible" (Lubin, 2010) budget cuts can the state of California hope to recover; even that may not be enough. There are many reasons for California's economic emergency.

Despite harsh cutbacks, the budget deficit still exceeds $20 billion; Schwarzenegger has already been forced to consider terminating several critical supportive government programs such as food assistance for the poor and housing placement for foster children; more than 20,000 teachers may face lay-offs; California has an additional $200 billion in outstanding loans to be paid over the next few decades; their S&P debt rating is the worst in the nation; their emergency care ratio is unacceptable, with only 7 emergency rooms per one million people; California has been building a $100 million prison every year for 23 years; per pupil spending in schools dropped from #1 in the nation down to #48; the state spends nearly $900 billion per year on imprisoned illegal immigrants; California spends roughly $500 million per year on wildfire damage and damage control; chronic drought problems drain the economy; 7 of the most unemployed cities in the nation are in California; home foreclosures are out of control; and the average home value in Merced, CA dropped over 60% in just four years (Lubin, 2010) As a result, legislators are considering regulating and taxing "victimless" crimes such as prostitution or marijuana use.

These businesses are enormous money-makers and no one would argue that they can be effectively banned from society; therefore, the government needs to step in and impose regulations and taxes in order to promote safe practices and support the ailing economy. Fighting prostitution: Worthwhile or Futile? According to Rio (1991), the prohibition of prostitution in no way contributes to an overall reduction in its incidence and prevalence.

Moreover, the goals of "punishment, deterrence, and rehabilitation" inherent in the laws are not "furthered by the current prohibition of prostitution." Rio also cites evidence from several studies in support of a legalized sex trade, including reductions in other crimes such as rape, as well as significant government fiscal gains.

As far back as 1959, the United Nations recognized the logic and benefits of decriminalizing prostitution, and organizations supporting this decriminalization include the "American Civil Liberties Union, the National Organization of Women, and various prostitute 'unions', the most famous of which is COYOTE (Call Off Your Old Tired Ethics)" (Rio, 1991, p. 206). And as far back as 1971, the San Francisco Committee on Crime considered the legalization of prostitution a "feasible" approach to the issues involved.

In addition, in 1977, the California Senate Committee on the Judiciary gave their support for a legalized sex trade (Rio, 1991). So why, more than thirty years later, has no progress been made in this arena? Particularly from a criminal justice perspective, what is the current rationale for criminalizing this activity? If the point of criminal justice is to control and prevent crime and maintain justice (Gaines & Miller, 2008), how are attempts at the prohibition of prostitution any wiser than attempts at prohibiting the sale and use of alcohol? Morality vs.

Liberty: Causes and Effects Traditional arguments against the legalization of prostitution relate to America's Puritan roots and issues of morality. No matter that prostitution and pornography are billion dollar industries tied to human nature and impossible to eradicate; many citizens and legislators simply cannot stomach the thought of "allowing" a sex trade.

In a thorough analysis of the issue in 1993, Tabbash lists many arguments against criminalizing prostitution for moral reasons: "in a society that separates church and state, no person should lose her or his freedom because of someone else's religious beliefs"; imprisoning women who choose to prostitute themselves in no way protects them from harm or reduces their degradation; the degradation of these women in many cases results from the criminalization of their activities (because of the need for pimps and the "dirty and worthless" stigma attached to prostitutes); and the highest form of morality is arguably the "live and let live" philosophy, which allows for individual freedom and self-expression.

Tabbash also argues that a genuine concern for women would offer them "equal rights and opportunity," as well as an end to "turning some of them into criminals merely because they have chosen to exchange sex for money." Deep down, fears about decriminalizing prostitution most often have to do with concerns about venereal disease, the destruction of marriages and families, and the abuse and murder of vulnerable women. But evidence shows that legalizing prostitution works to reduce, rather than exascerbate, these problems.

Attempting to deny that the sale of sex is a prominent, pervasive, and permanent aspect of human society by criminalizing it does nothing to inhibit or prevent it (Tabbash, 1993). Other traditional arguments against legalizing the sale of sex are related to the background of women who choose this means of existence. In many cases, these women come from childhoods of abuse, neglect, drug use, and economic struggles. The argument is that these women are not truly choosing to sell their bodies, but are forced to by circumstance.

While this may be true in many cases, criminalizing prostitution without spending an equal amount of time and money on placing these women in more "respectable" jobs and offering them rehabilitation services and health protection does nothing to improve their lives (Tabbash, 1993). Moreover, the fact that prostitution is a criminal activity sold on the "black market" contributes to its profitability for women.

The argument that women who work as prostitutes suffer from low self-esteem and mental illnesses such as Post-Traumatic Stress Disorder (PTSD) as a result of their way of life are also weak. Experts argue that low self-esteem is most often rooted in childhood experiences, and the criminal stigma attached to prostitution in American society is itself the cause of this self-degradation. More importantly, the stresses involved in prostitution that result in mood and other mental disorders among sex workers are directly the result of its criminalization.

The regulation of this industry would bring these women indoors, protect them from venereal disease and unwanted pregnancy, shield them from abusive pimps and serial killers, and provide them with a sense of belonging absent in the world of prostitution today (Tabbash, 1993).

Nations such as Canada, with more progressive views of the legalization of prostitution, note that leaving the sex trade on the streets results in "residential and commercial areas often experiencing traffic congestion, noise, litter, harassment of residents, declining property values, and loss of legitimate businesses" (John Howard Society Contributors, 2001, preface). Again, regulation and legalization would reduce or eliminate these issues, rather than aggravate them. The potential effect on families is another sensitive issue surrounding prostitution.

As the Alberta, Canada official discourse on prostitution of 2001 stated: "families of those who procure the services of prostitutes can suffer financial hardship, distrust, emotional suffering and family breakdown" (John Howard Society Contributors, 2001, preface). However, these family-centered problems are just as likely to result from legal activities such as the patronization of strip clubs, the purchase of pornography, or the abuse of alcohol. In fact, it's arguable that the thousands of women "acting" in pornographic films are participating in a legalized form of prostitution.

This precedent was set in the state of California in 1987 when Harold Freeman, a pornography director, was freed by the California Supreme Court on charges of pimping (for hiring adult actors to perform sex acts). Freeman's arrest was part of an attempt by California law enforcement to put an end to the industry; however, their plan backfired when the Supreme Court of California ruled in favor of Freeman, and "the making of hardcore pornography was effectively legalized" (Zirkle, 2010, p. 1).

Approaches and Solutions In response to the great debate over prostitution and its effects on society, three basic approaches have emerged and been adopted by governments: the sale of sex can be criminalized and fought by lawmakers and law enforcement officials; it can be decriminalized, effectively replacing prohibitive laws with municipal by-laws and taxations; or it can be officially legalized and recognized as a permanent, unavoidable aspect of human society that requires state acknowledgement and regulation (John Howard Society Contributors, 2001).

In addition, there are many proactive practices that communites have successfully implemented to improve issues surrounding the sale of sex, provided they have government cooperation. These can include "legalizing brothels, implementing prostitution offender programs, mailing out "Dear John" letters, and creating zones of tolerance" (John Howard Society Contributors, 2001, preface). In Canada, social programs have also been developed to offer aid and support to prostitutes in need of medical care, counseling or alternative job options (John Howard Society Contributors, 2001).

Among law enforcement officials themselves, who have experience the effects of prostitution firsthand, the debate is just as fierce and difficult to nail down. One common argument for legalization revolves around safety issues for female sex workers. For example, police officers recognize that the physical abuse and serial killing of prostitutes would be reduced or eliminated by bringing the operation indoors where security cameras and other protections could be offered (Stamper & Flores, 2009).

Dozens of studies also offer statistics in support of a more realistic approach to the problems surrounding prostitution. For example, according to data compiled by Cundiff in 2004, the price of sex in countries where it has been legalized averages around $30, as opposed to the $200 (half of which goes to a pimp) often charged in the United States.

Through legalization, the price may not drop in America, but the majority of profits could go toward the economy and government programs that work to improve society as a whole, rather than benefitting individual pimps and prostitutes. This in itself could greatly reduce the attractiveness of prostitution as a means of financial gain.

Sexually-transmitted Disease, Violence, and Power Struggles Since many prostitutes suffer from poverty as a result of spending their earnings on illegal drugs, a limit on their profits, as well as laws against drug use among prostitutes, could greatly reduce this problem as well. Cundiff's research also reinforces other studies claiming that the legalization of prostitution reduces the incidence of rape.

In fact, Cundiff states that with a population of roughly 300 million, the United States could expect a "decrease of approximately 25,000 rapes per year" as a result of decriminalizing prostitution (Cundiff, 2004, p. 2). HIV and other sexually-transmitted diseases are another major concern among prostitutes and "johns." But legalizing and regulating the sex trade would once again decrease, rather than increase, the spread of these diseases.

In Washington, D.C., where it's estimated that 50% of prostitutes are HIV positive, Gildenhorn said in 1998: "We're doing an immoral injustice by not doing something about the epidemic of venereal disease and AIDS. I look at this as a health problem. it's immoral for us to let this go on unchecked. it's like having a loaded gun" (Trugman, 1998, p. 1). Law enforcement officers from Nevada counties where brothels have been legal since 1971 are supportive of the policy.

Problems caused by street prostitutes are nearly nonexistent in these counties, and certainly not taking time away from their occupation with serious criminal complaints (Trugman, 1998). In fact, in counties where brothels are legal and commonplace, officers need only respond to the occasional complaint about an unruly customer. According to Nye County, Nevada sheriff Wade Lieseke: "In my county, I don't have a prostitution problem because it's legalized.

Why would anyone go to a street hooker if they can go to a brothel where it's regulated? They would have to be crazy.. I see a lot of law enforcement agencies pouring hundreds of thousands of dollars into preventing prostitution and the crime associated with it. We don't have to do that. it's like throwing that money down a black hole because prostitution just doesn't go away" (Trugman, 1998, p. 1). Additionally, in these Nevada counties where brothels are legal, prostitutes get weekly medical check-ups for venereal disease.

If found to be infected, a worker loses her license and is removed from the brothel. According to Lieseke, there are no documented cases of HIV among these prostitutes, and brothel customers are required to wear condoms (Trugman, 1998). Another major argument against legalizing prostitution involves the unfair balance of power between a sex worker and her patron.

Opponents of decriminalization have argued for years that a prostitute cannot maintain a sense of autonomy and protect her own well-being when regularly placed in situations where she is extremely vulnerable to violence or other forms of crime or abuse. But again, this argument is weakened by the fact that legalizing prostitution would actually remove women from those dangerous situations by taking them off the streets and away from other "criminals" (Kohm, 2006).

In Europe, prostitution is legal and regulated in Germany, the Netherlands, Finland, France, Italy, Portugal, Spain, Switzerland, Turkey, Hungary, Austria, Latvia, and Greece. In these countries, the legalization of consensual prostitution among adults has proven effective at reducing violent crime and STDs, and at supporting government through taxation (Archibald, 2000). Historically, also according to Archibald (2000), feminists themselves have been divided on the issue of legalizing prostitution.

While one side views it as "criminal exploitation," the other camp wants to see prostitution become a "legitimate form of government-regulated commercial sex labor" (Archibald, 2000, p. 1). Finally, literature from the past regarding issues surrounding the legalization of prostitution cites many statistics related to global sex trafficking.

Some experts believe sex trafficking is increasing as a result of fewer global laws against prostitution (Kloer, 2010), while others believe forced sex trafficking has always been a significant underworld problem that is only now being recognized and addressed as a result of more realistic approaches to prostitution in general. Sex trafficking, especially of children, is a reality and tragedy requiring far more attention than consensual prostitution.

Any government time and money spent on fighting prostitution in the form of street walkers should instead be funneled into eliminating the vast underworld market of sex trafficking. Just a few statistics on record are: over one million children are forced into the sex trade every year in Asia alone; tens of thousands of women are forced into prostitution in the United States every year from other countries such as Mexico and Russia; and "Asian women are sold to North American brothels for $16,000 each" (Archibald, 2000, p. 1).

In sum, past literature on the legalization of prostitution and related issues is expansive and thorough, with many experts citing the advantages of decriminalization or legalization. These advantages, including an ability to tax the industry, are under serious consideration in California, where the current economic outlook is disastrous. Chapter III: Findings and Results After a thorough study of past literature, this writing now aims to prove the hypothesis that prostitution should be legalized in the state of California.

An investigation of the most current literature on this topic, considering both pros and cons, will guide this analysis. Topics will be covered ranging from the current state of California's economy and stance on prostitution, to current time, money and resources being wasted on the fight against prostitution, to the advantages of regulation for prostitutes themselves, to the benefits of taxing this ubiquitous and profitable industry in states where government money is desperately needed. California's economy is under extreme duress.

As recently as December 22, 2010, financial experts have likened it to fiscal disaster zones such as Greece or Ireland. One of the major problems identified in California is the fact that a huge percentage of its debt is in the form of "general obligation bonds," which must be paid before anything and everything else -- no matter what. (Sanati, 2010) This is frightening to many residents because it means cuts in everything ranging from education to state worker salaries to basic welfare programs.

In fact, Governor Arnold Schwarzenegger has discussed such drastic measures as "cutting health care for more than a million children, cash grants for 77,000 college students, 5% of salaries for all state workers and seven days from the school year" (Quach, 2009, p. 1). In the worst case scenario, California would be obligated to spend 100% of its budget on repaying past debts. This would clearly be disastrous for the state; the only alternative at this point is to drastically cut important programs and raise taxes (Sanati, 2010).

Alternatively, money and resources wasted on futile attempts to eliminate prostitution from society could be used to pay off these debts, and taxing the sex industry would further contribute to saving California's economy.

As San Diego State University economics professor Shoshana Grossbard stated recently: "legalizing prostitution might help our cash-strapped state...It will shift some activity from the informal to the formal sector, thus leading to a higher observed state production and higher taxes to the extent that prostitutes don't currently pay income taxes and sales taxes...This will be good in contributing to a reduction in the state deficit" (Quach, 2009, p. 1). And prostitutes themselves, as well as brothel owners, are not opposed to being taxed.

The benefits of having their profession legalized would far outweigh any consequential loss of profits to taxes. As one California prostitute, who takes home more than $2,000 per week, said recently: "I think it's a great idea...We should really look at expanding the laws" (Quach, 2009, p. 1). In addition, Kenneth Green, owner of the Chicken Ranch Brothel in Nevada, believes regulation and taxation is the way to go.

He cites the billions of dollars generated by the prostitution industry every year in the United States alone, and the "substantial" amount of monthly revenue his business contributes to the Nevada economy because it is legalized. As an example, Green's workers charge an average of $400 to $2,000 per service, and business is good.

In the other states where it is still illegal, all of that money "goes underground...we have the women or men involved utilizing public services and/or dealing with drugs and other criminal activities...If we legalize it and regulate it, it would be different" (Quach, 2009, p. 1). The Futile Fight; Wasted Money Prostitution has been a booming industry in America ever since the Civil War; governments have tried unsuccessfully since then to control it.

As far back as the late 1800s, state governments tried to license prostitutes and force medical evaluations. Further attempts at constraint, however, were easily sidestepped by prostitutes and patrons. As this fight became ugly, it "snowballed" into the complete criminalization of prostitution and the "negative social labeling of prostitutes" so common today (Smith, 2000). Today many people consider the legalization of prostitution to be a liberal, progressive idea, yet it was recognized as inevitable back in 1858.

In that year, San Francisco Police Chief Martin Burke stated: "It is impossible to suppress prostitution altogether, yet it can, and ought to be regulated so as to limit the injury done to society, as much as possible" (Bovard, 1995, p. 1). Immorality and vice are here to stay -- an inherent aspect of human behavior. Equating criminal justice with the fight against immoral behavior is a plight doomed to failure.

As one blogger recently said: "There will always be guys who are too horny, and girls who are desperate for money to make ends meet" (Reyes, 2009, p. 1). or, in other words, as long as sexual urges and money exist, there will be a market for sex (Bovard, 1995). Prostitutes can be arrested and brothels shut down, but "they are often back in business within a matter of days; perhaps even less" (Berry, 2009, p. 1). The demand is just too great.

So what should be done with this wasted time and money? As Berry stated in 2009 (referring to prostitution and marijuana use): "Money would be proactively saved if these two harmless crimes were legalized and regulated. Police personnel could turn their attention to actual crimes that harm individuals and society alike. The judicial system would thin out, allowing speedier trials to occur, and costing us, the people, less money to move people arrested/summoned for these harmless crimes through the judicial system" (Berry, 2009, p. 3).

In addition, regulated prostitution could be taxed, channeling millions of much needed dollars back into governments in desperate states such as California. Recent literature also provides evidence that attempts to criminalize and eliminate prostitution are both a waste of resources and make no logical sense. With respect to the harm principle as conceived by J.S. Mill, prostitution is considered by many to be harmless to any third party, therefore government and law enforcement should have no right to outlaw it (Dripps, 1998).

Particularly in other countries, prostitution is viewed as less criminal because human beings should "have liberty over their own sexuality" (Kohm, 2006, p. 407). As Smith states in her pro-legalization essay: "The aim of the (criminal justice) system is not to impose public standards of morality upon the private acts of consenting adults, it is simply to protect people and property from harm. Though certain acts may be deemed immoral by widely held social standards, it is not the duty of the criminal justice system to mandate morality" (Smith, 2000, p. 1).

Smith also lists the ways in which criminalizing prostitution violates individual constitutional rights: free speech, privacy, equal protection under the law, protection against cruel and unusual punishment, and protection against the vagueness of laws (Smith, 2000). This is especially true since legal repercussions for prostitutes are more severe than for their clients. As Dripps states: "If middle class men regularly were prosecuted for patronizing prostitutes, there would be a sober reconsideration of the prostitution laws" (Dripps, 1998, p. 3).

But in the United States, it is the prostitutes themselves who are punished as criminals. This is not true in some European nations, where "johns" are the ones punished and penalized for solicitation of sex workers. In addition, if a client is arrested it is usually for the purposes of persuading them to testify against the prostitute Feminists argue that this double standard is just one example of the old excuse that "men can't help it," and therefore it's the job of women to keep sex under moral restraint (Smith, 2000).

In 1987, a thorough study was published in the Hastings Law Journal that provides detailed statistics on the wasted resources poured into fighting prostitution in cities. The study was centered on "16 of the nation's largest cities," where police were found to make as many arrests for prostitution as for serious violent offenses. As recently as 1994, police in cities such as Boston and Houston made twice as many prostitution arrests as for all "homicides, rapes, robberies, and assaults combined, while perpetrators evaded arrest for 90% of these violent crimes" (Bovard, 1995, p. 18).

This suggests that prostitutes are just easy targets for policemen who would rather not get their hands dirty with more violent criminals. Furthermore, police officers themselves will admit that it's "more fun" to "nail" a group of naked women "frollicking" in a hotel room, than to arrest a burly, aggressive man committing a violent robbery (Sills, 2010). Police force man-hours spent per week on prostitution and related arrests in major cities are estimated to average over 1,400 per department.

Additionally, monetary costs to law enforcement agencies match time spent on trying to fight the sex trade. Average costs per arrest run as high as $2,000, with total dollars spent per year exceeding $100 million in Los Angeles alone (Bovard, 1995). These statistics are difficult to comprehend not only considering the state of California's economy, but also the current state of issues such as prison overcrowding, insufficient and delayed emergency services, and short-staffed police departments. As one California officer put it: "We're putting out brush fires while the forest is blazing" (Bovard, 1995).

In addition, national statistics reveal that over 90% of citizens are unhappy with police response times to emergencies (Bovard, 1995). As Bovard asks: "How many murders are occurring while police are chasing after people who only want to spend a few bucks for pleasure?" (Bovard, 1995). Moreover, many experts believe that criminalizing prostitution directly results in the degradation and corruption of the sale of sex, leading to its enmeshment with illegal drug use and organized crime.

In other words, if it was legal, prostitution could be a regulated, safe, and civilized aspect of society -- and what many men and women alike would argue is a natural and necessary feature of human society. Criminalizing it necessarily results in strains and drains on law enforcement, government, and social service organizations (Quach, 2009), not only from prostitution itself, but from related illegal activities.

Not only does prostitution feed into and off of organized crime and illegal drug use, but neighborhoods in which street prostitution takes place generate significant "public disorder" in the form of "police chases, general disrespect for the law, and condoms littering lawns" and alleyways (Bovard, 1995). Brothel owner Green believes politicans continue sidestepping the issue because it's uncomfortable to talk about: "Politicians need to stop digressing from the issue and look at it objectively," he said. "Prostitution is not the problem.

Women have a right to choose it, men have a right to engage in it and because it's illegal, both the men and women are criminals" (Quach, 2009,-page). In 1986, a task force in Atlanta was appointed to investigate the issue, and concluded that legalization of prostitution should take place. But nothing was done. Today, San Francisco has created a similar task force to confront the issue in that city, and recent votes have included Proposition K -- a bill to decriminalize many activites related to prostitution there.

But as with other highly sensitive and emotionally charged issues such as the legalization of marijuana, related laws are highly resistant to change. Statistics about time and money "wasted" on trying to deter prostitution are abundant. According to Kohm (2006), in 2004 alone there were nearly 100,000 arrests for prostitution in the United States, and more than 30% of women in jail are there as a result of prostitution charges.

And while street prostitution is often related to drug use, jailing women for selling their bodies does nothing to combat drug addiction among certain classes of women. In fact, many would argue that once jailed and stigmatized for their "crime," prostitutes are much more likely to view other employment options as out of reach (Kohm, 2006). Liberty and Justice; Protection for Prostitutes, Johns, and Society as a Whole "Liberty is the area of freedom that includes privacy, autonomy, and a right to pursue one's own form of happiness.

Liberty interests have been protected by the Supreme Court of the United States in the area of sexuality in numerous cases involving procreation, marital privacy relating to contraceptive use, sexual privacy in contraceptive use for non-married people, autonomy in abortion choices, and sodomy. Prostitution has not been defended as a liberty interest at the federal level, but has been argued by legal academics to be a liberty interest based on the autonomy, privacy, and equality interests that render it better served by regulation.

Prostitutes are viewed, from a free trade perspective, as sex workers in a legitimate area of commerce. The work is seen as a voluntary contract, and assumes a mutually beneficial relationship between the parties to the contract. According to this view, prostitution is no less legitimate than any other contractual business arrangement; while the state may have an interest in taxing and/or regulating it, [it] has no business in banning it (Dripps, 1998, p. 3). Many reasons given in support of legalizing prostition have to do with individual freedoms and liberties.

Sexuality is a highly complex, individualized behavior; like eating and sleeping, it is arguably impossible to successfully restrict it by force. "The range of meanings and consequences associated with sexual activity is so great that generalizations are probable and hazardous" (Smith, 2000). Moreover, if one removes money from the equation, the issue distills to the millions of cases in which husbands or wives are engaging in casual sex or more serious affairs outside of marriage, in order to satisfy romantic and sexual cravings.

Should this behavior be outlawed as well? More importantly, why does the addition of money make the concept so much more distasteful? As Smith argues: "A woman can have sex with as many partners as she desires if she chooses to as long as she does it for free. However, if she charges money, she can go to prison (Cauthen 1999). This does not seem to be fair legislation" (Smith, 2000). Other experts believe prostitutes are used as scapegoats for the moral decline of society as a whole.

More accurately, they can be viewed as scapegoats for the immorality of human beings in general, since prostitution has been around since the earliest historical records. it's much easier to lump this blame on a group of women who can be ridiculed and arrested with ease, than it is to look within at one's personal responsibility for sexual morality (Smith, 2000).

As mentioned earlier, because of the negative stigma attached to prostitution, it's very difficult for a woman to break free of the lifestyle once a choice has been made (often out of desperation). If prostitution was recognized as a legitimate way for a woman to make money, she might not suffer the labeling and inherent drop in self-esteem that often leaves her feeling "damaged" or "ruined" once she has engaged in the sale of sex.

Women who enter the profession for the wrong reasons (desperation or low self-esteem) are only degraded more by the current laws, which "further enhance their self-image as socially deviant" (Rio, 1991, p. 206). Psychologists understand that this kind of social labeling will not heal itself, but more likely will result in more reinforcing behaviors and consequences (Rio, 1991). Furthermore, these often uneducated women simply do not have other employment options offering the same level of pay, particularly once they've garnered a criminal record.

Another consequence of the criminalization of prostitution is its often tempting, highly profitable nature; particularly for an uneducated woman with mouths to feed. In one study, nearly all prostitutes were found to have a higher income than their "honest" working counterparts of the same socioeconomic background (Rio, 1991). Strippers, who more often than not also serve as prostitutes, are often single mothers (LA Times, 2010). Prostitutes are also forced to retire early in life, usually becoming welfare recipients, due to the nature of their profession (Smith, 2000).

Supporters of legalization also argue that not only should prostitutes have their individual liberty protected by the law, they should feel protected physically. Prostitution is a high-risk occupation, and due in part to society's stigma, abusive men view hookers as "worthless" and undeserving of respect. As a result, as many as 65% of prostitutes claim they experience physical abuse at the hands of clients, and because their occupation is illegal, they are unable to seek help or protection from law enforcement (Rio, 1991).

Prostitutes also suffer violence and abuse from their pimps, which they rely on only because their actions are considered criminal. The purpose of a pimp is to protect the prostitute from other criminal elements, take care of her bail and other legal services, and even to watch her children while she is in jail. Of course, they also serve as "agents" to secure clients, a purpose that would also be unnecessary if prostitutes were able to freely advertise for themselves (Rio, 1991).

Other common arguments in favor of legalizing the sex trade involve society as a whole. Rio notes that the "public nuisance" aspects of prostitution are nonexistent in areas where it has been decriminalized, as are the rampant police corruption side-effects. Most commonly, prostitutes and pimps will exchange sex acts or money for legal immunity or protection from arrest. This kind of behavior within law enforcement circles, arguably damaging to the moral fabric of society as a whole, would be unnecessary if prostitution was no longer a crime (Rio, 1991).

Additionally, Nevada residents, who've had first hand experience with legalized prostitution, see it's benefits as extending to the entire community. They cite advantages including decreased rape and other violent crime, young men kept out of early or bad marriages, the education young men can receive from a professional prostitute, young women who are kept out of trouble by not being pressured into early sex, and protection from sexually transmitted diseases.

Thus, despite the fact that citizens of Nevada were overwhelmingly opposed to the legalization of prostitution at first, they've learned through experience that the benefits outweigh any negative results (Smith, 2000). Some also argue for the protection of men who choose to solicit prostitutes. Studies show that clients are most often white, middle-class men of middle age, with a myriad of career backgrounds. Generally, it has been found that nearly 70% of all men will solicit a prostitute on at least one occasion during their adulthood.

Reasons most often given for engaging these sexual services are not related to criminal tendencies or.