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Prostitution And Gambling Should Be Considered A Crime

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Illegal drug use, prostitution, and gambling are often debated as victimless crimes, consequently, some feel that they should not be considered criminal activities (Bohm & Haley, 2011). There are seven elements that define criminal activity harm, legality, actus reus, mens rea, causation, concurrence, and punishment. When determining if a particular activity or behavior should be a criminal activity, ideally, it should meet all seven elements, however, in cases one or more elements may not be present.

While studying if illegal drug use, prostitution, and gambling meet the seven elements, I have determined each element is met. The most commonly disputed element in with these types of criminal activity is harm, some believe the only harm comes to those who are participating in the activity (Bohm & Haley, 2011). In reality, harm comes in the form of moral turpitude. Society has a set guideline for what is considered normal and these activities violate the defined normalcy. The remaining six elements are met without debate, there are laws in place that make the activities illegal. …show more content…

Mala prohibita means the crimes are not considered illegal because “they lack universality and timelessness” (p. 10). In some areas, drug use is not considered a crime, including the use of marijuana being legalized in various places. Prostitution is legal is some areas, along with gambling. Hundreds of years ago laws prohibiting this behavior were

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