Other Criminological Theory and Criminal Typology

OTHER CRIMINOLOGICAL THEORY

 (1) CLINICAL CRIMINOLOGY

Clinical criminology is one of and new specializations. Forensic psychiatry and clinical criminology have common roots in psychiatry, law, and behavioral sciences. They overlap in some fields. Members of both professions work in the same setting and share some of the tasks, but the formal and professional responsibilities differ significantly. Clinical criminology and forensic psychiatry are complementary professions belonging to medicine. The multidisciplinary educated clinical criminologist is the only professional in the forensic system that is qualified to moderate between the mental health and legal expert.

Clinical criminology is a para-medical profession, similar to forensic psychology practiced in the United States. In Israel, clinical criminologists are licensed by the ministry of health. Its concentration varies that may range from social science, psychology and psychotherapy, psychiatry, law, anthropology, psychic event, natural events, environmental conditioning, and many more, so long such science has something to do with the behavioral formation of man.

(2) CONFLICT THEORY

Conflict theory is based upon the view that the fundamental causes of crime are the social and economic forces operating within society. The criminal justice system and criminal law are thought to be operating on behalf of rich and powerful social elites, with resulting policies aimed at controlling the poor. The criminal justice establishment aims at imposing standards of morality and good behavior created by the powerful on the whole of society. (see also Sociological Theory)

CRITICAL THEORY (RADICAL THEORY)

Radical criminology or critical criminology is a branch of conflict theory, drawing its ideas from a basic Marxist perspective.

From this perspective, certain types of crime take on a different character. Stealing can be seen as an attempt to take away from the rich. Eric Hobsbawm referred to the like as “social banditry.” Protest-related violence may actually be the start of proto-revolutionary movements, ultimately leading to a workers’ revolt and the establishment of a just society.

A number of other varieties of conflict theory have appeared since the 1960s. These include radical feminism, left realism, and peacemaking criminology.

RADICAL FEMINISM

Radical feminism focuses on the plight of women under capitalism. Male domination has been the norm, and women have been subject to it in the home and workplace, as well as on the street. Radical feminist criminologists have looked at the unjust treatment of female teens, who are much more frequently subject to institutionalization for status offense violations (offenses that would not be criminal if an adult) such as running away from home and particularly singled out for sexual deviance.

While away from home or work alone, women must always be on their guard for potential attacks or advances from men. Living in fear has consequences, according to organizations such as Rape, Abuse, and Incest.

LEFT REALISM

Left realism emerged in the 1980s, partially as a response to the crime victims’ movement of that decade. Victims forced criminologists to recognize that the primary victims of crime are not the wealthy, but the poor. Most predatory crimes are not “revolutionary” acts; they are attacks on family members and neighborhood residents.

As advocated by Stanley Cohen and others, left realists recognize that the criminal justice system must act to stop criminal victimization without regard to the class of the perpetrators.  At the same time, continued focus on the crimes committed by the rich and powerful is warranted. White-collar and business-related crimes remain important.

PEACEMAKING CRIMINOLOGY

Peacemaking criminology contends that crime is connected to suffering and that to end crime, we must end suffering. This means that poverty, racism, sexism, alienation, abuse within families, harassment, and all other forms of suffering must be dealt with if a crime is to be reduced. Additionally, peacemaking criminology holds that the state itself perpetuates crime (and violence) through repressive policies of social control such as the death penalty, lengthy prison sentences for offenders, and the criminalization of non-violent drug offenses.

Peacemaking criminology further asserts that the focus on individual offenders has been at the neglect of certain institutional arrangements in society that contribute to our high crime rate, and that criminology should concern itself with promoting a greater amount of social equity across social class lines. Lastly, peacemaking criminology argues that the most significant change to be made by the criminal justice system is to move away from criminal justice to restorative justice.

(3) ECOLOGICAL & SOCIAL DISORGANIZATION APPROACH THEORY

The ecological approach within criminology was popular in the 1920s through the 1940s. The model is often compared to Durkheim’s because of its similarity to anomie theory. Both can be labeled as social disorganization models.

The ecological approach was developed during the 1920s and 1930s at the University of Chicago. The model was developed by the sociology department and used to explain urban social change; of which CHANGING CRIME PATTERNS were one phenomenon under study.

Robert Park and Ernest Burgess pioneered the ecological approach. The model was borrowed from the study of plant ecosystems. In nature, plants and animals seem to live together in mutual harmony and are ultimately interdependent. [Bees pollinate flowers producing seeds, etc.] Such mutual interdependence is called “SYMBIOSIS.” Park believed that cities might be symbiotic environments.

Park believed that the city was a super-organism that contained natural areas. Natural areas took many different forms, including:

1. 1. 1. Ethnic enclaves
      2. Activity related areas (e.g. business districts, shopping districts, manufacturing districts, residential areas, etc.),
      3. Income groupings, and
      4. Physically separated areas (areas cut off from each other by rivers, lakes, railroad tracks, airports, etc.).

While the concepts of symbiosis and natural areas might explain city life at any one point in time (a snapshot), alone they could not explain the urban change, in particular, the patterns of growth, decay, and renewal which all cities appeared to follow.

To explain this phenomenon Park borrowed another concept from plant ecology, invasion. While an ecosystem might remain in balance for a sustained period of time, the introduction of a new species might upset the old balance. If the invasion was successful, the new became dominant and the process of succession was complete. The “new” might be a group of people who wanted to dominate and threaten the old one. A misunderstanding may occur between the old and new and will consider this thing a form of ANOMIE and DISORGANIZATION.

(4) FUNCTIONALIST CRIMINOLOGY

Crime is normal, an inevitable and necessary part of every society. (It may take abnormal forms, such as when the crime rate is unusually high.) ‘A society exempt from it would be utterly impossible. Since people differ from ‘the collective type,’ there are some divergences that tend toward the criminal. However, what confers a ‘criminal character’ on divergences from the collective type is not ‘the intrinsic quality of a given action but that definition which the collective consciousness lends them.

Crime has an ‘indirect utility. In order for transformations in law and morality to be possible, ‘the collective sentiments at the basis of morality must not be hostile to change, and consequently must have but moderate energy.

However, crime also has a direct utility. Crime ‘in certain cases directly prepares these changes [progress]. Where crime exists, collective sentiments are sufficiently flexible to take on a new form, and crime sometimes helps to determine the form they will take. Durkheim reiterated ANOMIE as a matter of normalcy, the crime is a natural phenomenon.

(5) INTEGRATIVE CRIMINOLOGY

Integrative theories or integrating criminological perspectives is not a particularly new endeavor. It dates at least as far back as Merton (1938), Sutherland (1947), and Cohen (1955). However, it was not until the 1970s and the 1980s that integrative models began to “take off” and challenge the non-integrative or one-dimensional theories and models of crime and/or punishment.

Nevertheless, by the turn of the 21st century, the integrative paradigm had become the newly emerging paradigm in criminology and penology.

As for the future, this integrative paradigm looks strong and holds out the promise that the study of crime and punishment will, sooner than later, become the truly interdisciplinary enterprise that most criminologists have always claimed it to be. That criminology is a combination of classical, positivism, biological, psychological and psychiatric, sociological, legal, and religious as well. This means science that requires dynamic and active learners and professionals.

(6) NEWSMAKING CRIMINOLOGY

Newsmaking criminology (Barak, 1988); is referring to the ‘processes whereby criminologists use mass communication for the purposes of interpreting, informing, and altering the images of crime and justice, crime and punishment, and criminals and victims’. More specifically, newsmaking criminology refers to the conscious efforts and activities of criminologists to interpret, influence, or shape the representation of ‘newsworthy’ items about crime and justice.

Furthermore, newsmaking criminology: attempts to demystify images of crime and punishment by locating the mass media portrayals of incidences of ‘serious crimes in the context of all illegal and harmful activities; strives to affect public attitudes, thoughts, and discourses about crime and justice so as to facilitate a public policy of ‘crime control’ based on structural and historical analyses of institutional development; allows criminologists to come forth with their knowledge and to establish themselves as credible voices in the mass-mediated arena of policy formation; and asks of criminologists that they develop popularly based languages and technically based skills of communication for the purposes of participating in the mass-consumed ideology of crime and justice.

(7) SUPRANATIONAL CRIMINOLOGY

Supranational criminology, dedicated to the study of the political and economic power relations of gross human rights violations or to the international, state, and/or state-corporate actions or inactions responsible for the establishment of such crimes as slavery, genocide, ethnic cleansing, or political imprisonment and torture that have been outlawed by international law.

It is not only the equivalent of not having our own separate and independent scientific agenda or problematic, but, speaking symptomatically, it also potentially represents another offshoot of the criminological enterprise that becomes: subservient to sundry state apparatuses, subordinate to neo-liberal policy research agendas of state-capitalist control and regulation, and servants of the bureaucratic customs of “administrative” criminology and “actuarial” justice.

(8) TRANSNATIONAL CRIMINOLOGY (or Global Criminology)

This is the newest in the arena of criminology. As globalization takes place, crime and criminality become globalize also. Transnational criminology aimed at reaching regional if not global approach in the study not only of criminal behavior but as well as organized crime and the likes.

Criminologists and social scientists believe that crime of the future demands regional and universal cooperation so that enforcement of law and punishing criminals must be synchronized with region or continent. As we enter the 21st century, the internationalization of markets in all kinds of criminal contraband, including weapons, drugs, sex, alcohol, tobacco, coffee, PCs, etc., and the international efforts to combat this activity, is but one illustration of the globalization of crime, surveillance, and control. Yet despite the development of transnational crime, the bulk of crime, violent and property, individual, organized, corporate, or governmental (state), is still usually confined within the geographic boundaries of the existing nation-states.

(END OF OTHER CRIMINOLOGICAL THEORY)

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CRIMINAL TYPOLOGY

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Criminal Typology is an attempt to describe particular types of offenders and the crime they are most likely to commit.  It studies the behavior of known criminals and attempts to make generalizations about personal and environmental factors from available data of criminals.

            It is believed that the following are important factors that greatly influence the analysis of criminal typology:

• • • Social class
    • Family background
    • Peer contacts
    • Contact with social agencies that control deviance (e.g. police)
    • Existence of pattern
    • A pattern of social interaction with others at the time of the offense (if it is committed in concert with others)
    • The general attitude of criminal (does he believes himself to be criminals?)
    • Career history

Typologies are models of the typical person who commits one or another crime as well. In this lecture, we simply present and describe the three most known crimes existing in our society and environment that devour the life of man and its resources.  They are the following:

1. 1. VIOLENT CRIMES
   2. ECONOMIC CRIMES
   3. PUBLIC ORDER CRIMES

1. VIOLENT CRIMES

A VIOLENT CRIME or CRIME OF VIOLENCE is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well crimes in which violence is the means to an end, such as robbery.

Violent crimes include crimes committed with and without weapons. With the exception of rape (which accounts for 6% of all violent crimes), males are the primary victims of all forms of violent crime.

Violent crimes included are murder, rape, robbery, and homicide.  This includes all forms of physical injuries listed in the Revised Penal Code. As it is said that violent crimes can be criminally charged as misdemeanors and felonies and are tried in a criminal court, there are violent crimes also that are punishable by special laws like kidnapping, carnapping, child abuse violation, hazing to name a few.

Violent crimes can result in some of the most serious punishments and sentences. Violent Crime punishments can range dramatically, based on notorious factors.

2. ECONOMIC CRIMES

Not all human beings have the desire to acquire things that belong to another person or to an institution. Jealousy of the property of others, lust for personal goods, and a competitive striving for material possessions derive from cultural emphases, which also give rise to the crime of theft.

Since the well-known example of wood theft by Karl Marx, sociologists, criminologists and lawyers discuss the problem of what is or what might be “a theft” and whether or not it might be fair or just to punish such “offenders”. When we place heavy stress on the possession and use of material wealth but limit legitimate opportunities for its acquisition, theft is particularly likely to be common.

One might suggest that the excee­dingly high levels of property crime in the U.S. and in Europe are tied directly to the “American” – or “Capitalist” Dream – the relentless push toward material success.

Not everything stolen is necessarily an economic crime, and economic crimes are more than just theft. Many forms of criminal behavior have at the root the desire to secure a financial result. Economic crimes have three different sources or backgrounds:

• • • the personal desire to obtain money or material goods (which is depending on the situation of the society)
    • the chance to get money or material goods (the more money and goods are available, the more might be stolen)
    • the social stability of a society, the dependence on each other and the coherence of o society.

Economic Crime can be defined simply. It is simply lying, cheating, and stealing. It is really nothing more and it is rarely anything less. The effects of economic crime are ­­­self multiplying; they frequently reach beyond the original victim, and they carry their own ripple effect across society‑at‑lar­ge.

Discussion about economic crime in terms of or theft is just the tip of the iceberg. We will talk about what is or was called small white-collar crime; crimes with a business background, crimes that are committed in the context of legal enterprises. Very often it is very difficult to separate such crimes from legal activities.

The White Collar Crime as a form of Economic Crime:

White-collar crimes also include such matters as:

• • • Environmental pollution;
    • Violations of occupational health and safety laws;
    • Marketing of drugs that have not been adequately tested or for which the test results have been falsified.
    • There is also a long roster of offenses committed (by government officials, military and police officials, medical doctors to name a few) against government benefit programs. These things sometimes go undetected and the perpetrator goes unpunished also.

White‑collar, organized, and economic crime are not legal terms, but rather refer criminologically to a wide variety of offenses, such as

1. 1. 1. anti‑trust violations
      2. advertising fraud
      3. insider trading; and
      4. offering or acceptan­ce of bribes.

The major common element of such behaviors is that they grow out of legitimate occupational efforts in the following areas of society:

1. 1. 1. public and private businesses
      2. politics; and the
      3. professions

Perpetrators typically do not seek out their jobs to commit crime: their lawbreaking occurs after they are confronted with temptation or faced with what they believe are circumstances that they cannot satis­factorily resolve in any other manner.

Economic Crimes can be defined therefore as acts in violation of criminal or special law designed to bring financial reward for the offender or his/her institution. Corporate and other whi­­te‑collar that are considered economic crimes in nature are considered commonplace, and political scandals such as Watergate, Whitewater and the Pentagon Scan­dal of the United States, the expulsion of President Estrada in the Philippines, the graft case against General Garcia of the Armed force of the Philippines and many more to name a few, these all indicate that bribery and corruption reach even the highest level of government in a country.

If we are to study, we will find out that these are not new. Though it’s not new, their trend becomes sophisticated due to technology.

Organized crime has economic gain as its primary goal, though achieve­ment of power and status and political influence also might be a moti­vating factor. Organized crime is not limited to providing illicit services. It includes such sophisticated activities as laundering illegal money through legitimate business, land fraud, and computer crimes.

Most or­ganized crime income comes from narcotics distribution, illegal weapon deals, loan sharking, and prostitution. However, billions of pesos are gained from white‑collar crime, gambling, theft rings, pornography, and other illegal enterprises.

We would like to share with you some old known and recent examples for what in our eyes are modern “economic crimes” criminologically:

• • • Pyramiding and multi-level marketing scheme
    • Loan sharking
    • Treasure hunt financing scheme
    • Credit card transfer and theft
    • Computer crimes (Cybercrimes) involving money such as:
      1. 1. Hacking to transfer and account
         2. ATM’s decoding
         3. Pornography and Cybersex for a Pay
         4. Computer Sabotage
         5. Identity theft
         6. Computer and Telemarketing Fraud and Scams and many more…
    • Forgery and counterfeiting
    • Estafa, embezzlement and malverzation
    • Organized and syndicated crime activities such as:
      1. 1. Illegal drug activities
         2. Prostitution
         3. Illegal gambling operation
         4. Illegal trading of firearms
         5. Abduction and kidnap for ransom
         6. Blackmailing activities
         7. Blackmarket activities
    • Government red tape
    • Money laundering
    • Land title scams, and many more

Economic crime changes its appearance much quicker than other kinds of crime so that training is an ever-lasting process on the part of the law enforcers and prosecutors. You can never rely on what you have been told many years ago at the training. To fight economic crime, special divisions within the law enforcement of investigation agencies must be trained and created just for this purpose. Adding this to the regular job of a line officer is a detrimental one that may make police officers and law enforcers ineffective.

3. CRIMES AGAINST PUBLIC ORDER AND MORALS

Crimes against public order and morals are intended to uphold minimum standards of decency and civility. Most of them have ancient roots, but in modern times have come to be associated with efforts to improve the quality of life, as in watchman-style community policing. The range of behaviors that quality of life laws govern is vast — from public nuisances to public indecencies, to public immoralities, to controlled substance use.

They are usually general intent crimes where the inference of intent (purposely, knowingly, recklessly) is typically made by a judgment of offensiveness to some reasonable person’s sensibilities. In other cases, like those involving substance abuse, they are usually strict liability crimes.

Public order crimes, THEREFORE (also referred to as “victimless crimes”) involve “acts that are outlawed because they conflict with social policy, accepted moral rules, and public opinion,” (Siegel, 1984). Some examples of public order crimes are prostitution, pornography, substance abuse, gambling, and so forth.

TYPES OF CRIMES AGAINST PUBLIC ORDER AND MORALS

In the Philippines, the Revised Penal Code provides a list of the crimes against public order (Title Three, Chapter 1, Article 134 – 142).  These are:

1. 1. 1. Rebellion or insurrection.
      2. Coup d’etat.
      3. Disloyalty of Public Officers and Employees.
      4. Inciting to Rebellion or Insurrection.
      5. Inciting to Sedition.
      6. Acts Tending to Prevent the Meeting of Congress and other Similar Bodies.
      7. Illegal Assemblies.
      8. Illegal Associations.
      9. Direct Assault.
      10. Indirect Assault.

On the other hand, crimes against public morals  (Title Six, Chapter 1, Article 195 – 202) to include offenses against decency and good customs under the Philippine Revised Penal Code are the following:

1. 1. 1. Gambling
      2. Importation, sale, and possession of lottery tickets or advertisements
      3. Betting in sports contests
      4. Illegal betting on a horse race
      5. Illegal cockfighting
      6. Grave scandal
      7. Immoral doctrines, obscene publications and exhibitions, and indecent shows
      8. Vagrants and prostitutes

In criminology public order crime is defined by Siegel (2004) as “…crime which involves acts that interfere with the operations of society and the ability of people to function efficiently”, i.e. it is behavior that has been labeled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains   that   a    crime   is   nothing more than  “… an act that contravenes a law.” Generally speaking, deviance is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions.

Public order crime should be distinguished from political crime. In the former, although the identity of the “victim” may be indirect and sometimes diffuse, it is cumulatively the community that suffers, whereas, in a political crime, the state perceives itself to be the victim and criminalizes the behavior it considers threatening. Thus, public order crime includes consensual crime,

A CONSENSUAL CRIME is a public order crime that involves more than one participant, all of whom give their consent as willing participants in an activity that is illegal. Political leaders sometimes justify criminalizing consensual activity because they feel it offends cultural norms, or because one of the parties to the activity is considered a “victim” despite his or her informed consent. Consensual crimes are sometimes described as crimes in which the victim is the state, the juridical system, or society at large and so affect the general (sometimes ideological or cultural) interests of the system, such as common sexual morality, victimless vice, and victimless crime.

PUBLIC NUISANCES

The crime of “making a public nuisance” is typically defined as an offense against, or interfering with, the comfortable enjoyment of life or property by a neighborhood or a considerable number of people.  Unlawful assembly may be regarded as an example of public nuisance.

Under common law, an unlawful assembly is a gathering of three (3) or more persons for any unlawful purpose or under such circumstances as to endanger the public peace or cause alarm and apprehension. The full set of related crimes increase in seriousness as the number of people goes up, such as:

• • • Affray — 2 or more people spontaneously quarreling or fighting
    • Dueling or fighting — 2 or more people gathering for a fight; with dueling reserved for persons of high social status
    • Unlawful assembly — 3 or more people, for any unlawful purpose
    • Rout — When unlawful assemblers move toward a place where they could carry out any unlawful purpose or plan
    • Riot — 10 or more people, and any tumultuous disturbance (tumultuous is a word with many meanings – noisy, disorderly, excited, rowdy, unruly, wild, hysterical, frantic, uproarious, chaotic)

Nuisance crime is a breach of peace, commonly called “disturbing the peace” or disorderly conduct. It usually involves minor offenses involving noise at decibels greater than 85; such as playing a stereo too loudly.

 

Disorderly conduct, on the other hand, can involve a wide range of behaviors, such as:

• • • fighting, threatening, or engaging in tumultuous behavior;
    • loud, unreasonable noises that would disturb a sensible person;
    • vulgar words or gestures likely to provoke a violent reaction;
    • obstructing a public access route or conveyance;
    • interfering with a lawful meeting, procession, or gathering;
    • creating a chemically noxious and unreasonable odor;
    • lascivious looking into the window or opening of a dwelling
    • exposing one’s anus or genitals to the view of others
    • urinating or defecating in any place open to public view

Often a city or state government will use public nuisance laws to control gang behavior. Other states rely upon organized crime statutes. Harsh penalties exist for encouraging minors to join a gang and aggravating factors exist for gang-related felonies. The following is a sample of public nuisance laws aimed at the crime of engaging in gang activities:

• • • confronting, intimidating, annoying, harassing, threatening, challenging, provoking, or assaulting any residents or patrons in groups of 3 or more
    • standing, sitting, walking, driving, or gathering with any known gang member
    • using words, phrases, gestures, clothing, or symbols commonly known as gang signs
    • using or possessing pagers or beepers in a manner tending to indicate participation in the possession and/or sale of narcotics
    • using or possessing marker pens, spray paint, or other objects capable of defacing property
    • approaching any vehicles, engaging in conversation with the occupants of any vehicles, and doing nothing to prevent the obstruction or delay of vehicular or pedestrian traffic
    • possessing any weapons capable of inflicting serious bodily injury
    • trespassing or encouraging others to trespass
    • blocking free access or egress to sidewalks, streets, driveways, or doorways
    • signaling to or acting as a lookout to warn others of the police approach

To be sure, many jurisdictions prefer not to even recognize gang activity by making a legal offense about it. Gangs often thrive on a renegade status bestowed upon them by the adverse publicity of law enforcement crackdowns.

PUBLIC INDECENCIES

For centuries, vagrancy and loitering laws have been used to protect society against the moral pestilence of vagabonds, paupers, and beggars just as if society was guarding itself against physical pestilence. The crime of vagrancy is committed by wandering about from place to place without any visible means of support, refusing to work even though able to do so, and living off the charity of others.

Vagrancy laws are much broader than disorderly conduct laws. Some states use the term loitering rather than vagrancy, which is often defined as being in a place, at a time, and in a manner not usual for law-abiding individuals, and under circumstances that warrant alarm for the safety of persons or property in the vicinity.

Most vagrancy and loitering laws (with the exception of curfew and truancy laws) have been held void for vagueness. They also tend to make the status of being poor a crime. According to the equal protection clause of the Constitution, things with the protection of status are not acts that can be criminalized. Indecency laws that remain on the books are always at risk of infringing upon a status group, but some that have not yet been declared unconstitutional are:

• • • Abuse of animals 
    • Abuse of corpse 
    • Appearing nude in public 
    • Panhandling or begging 
    • Public intoxication 
    • Sleeping in public 
    • Urinating in public 

PUBLIC IMMORALITIES

Most jurisdictions hope to regulate public immoralities to some extent, but they commonly fall back on simply prohibiting something and then failing to enforce their prohibitions. This means that there are tolerated “vice” zones.

In the Philippines, strictly speaking, due to the nature of Filipinos of being conservative we never tolerate public immoralities, although based on observation the present Filipino youth has eroded values when it comes to norms and mores.

Crimes in this area tend to fall into two main categories: (1) regulation of marital status and sexual behavior; and (2) regulation of sex-related vice.

REGULATION OF MARITAL STATUS & SEXUAL BEHAVIOR

Adultery and Fornication involved the same act of sexual intercourse when being out of wedlock, the former offense when at least one of the partners is married. Prosecution of these crimes is so rare as to make the laws nonexistent.

Bigamy law prohibits a person from having more than one spouse at the same time.  Many states and countries allow a good-faith exception if it was believed a previous spouse was dead or a previous marriage dissolved. No mens rea is required for this offense.

• • • Buggery or Bestiality is any type of sexual intercourse with an animal, or, in some states, anal intercourse with a man or woman.
    • Cohabitation requires no proof of sexual intercourse. It’s just “living together” outside of wedlock. It’s the least prosecuted public order crime.
    • Incest law prohibits sexual intercourse between a male and a female who are too closely related. Typically, any relationship (or consanguinity) of being first cousins or closer is included as incest. The law tends to base relationships on family ties, not genetic ties. Therefore, adopted and “step” relatives are included.
    • Miscegenation is the intermarriage (and in some states living together) of persons of different races, generally white and black. All such statutes have been struck down by the Supreme Court.
    • Sodomy has traditionally been a catchall term for any “unnatural” sexual intercourse, and similarly, for any type of homosexual activity.

REGULATION OF SEX-RELATED VICE BEHAVIOR

Prostitution laws vary, as do definitions of the term “prostitute”.  In the Philippines, prostitution is prohibited by the law per se, but there are regulated business establishment in the country that offers this kind of service.  Government officials are reluctant in enforcing this kind of violation due to some beneficial considerations on their part. So that, (see Republic Act 10158) recently, the Philippines Congress finally passed on March 27, 2012, a law that decriminalizes vagrancy and prostitution.

The typical elements of prostitution are:

1. 1. 1. Offering to engage or soliciting in —  This is any offer of agreement, or in the case of soliciting, getting another to make the offer of agreement.
      2. Any sexual contact — This generally includes any kind of contact with the genitals; it’s questionable from a constitutional standpoint if self-masturbation (as in peep show) constitutes prostitution.
      3. For a fee — This is generally accomplished by the exchange of money.

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END OF THE MODULE.

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