Criminal Defense Lawyers

Public Order Crimes

What are Public Order Crimes?

Public order crimes are acts that violate the moral standards or values of a community. They may not cause direct physical harm, but are seen as disruptive or dangerous to society. These crimes often spark debate – should we really be criminalizing these behaviors? Or are there better ways to handle them? Well, it’s complicated…
Some common examples of public order crimes include:

• Prostitution
• Disorderly conduct
• Public drunkenness
• Drug crimes

Let’s break these down one-by-one and look at some real-world examples, laws, and implications.

Prostitution

Trading sex or sexual acts for money, goods, or services – that’s prostitution in a nutshell. It’s been around for millennia, yet remains illegal in most of the U.S. today.
Nevada is the famous exception — brothels are allowed there in certain counties like Storey County. Mustang Ranch and Moonlight Bunny Ranch are probably the most well-known legal brothels. Even then, there are strict regulations around legal prostitution in Nevada — the workers have to undergo regular health checks and can’t leave the premises while under contract (see Prostitution in Nevada).
So should prostitution be legalized everywhere? There are good arguments on both sides:
Pros:

• It could reduce exploitation & abuses if properly regulated.
• Legal brothels provide safer environments for workers.
• Tax revenues could help fund support services for sex workers.

Cons:

• Legalization could increase demand for commercial sex and human trafficking.
• It may be difficult to distinguish between voluntary and coerced prostitution.
• There are health risks associated with prostitution, even in legal brothels.

There have been some experiments with legalizing prostitution elsewhere, like in parts of Australia and Germany. But results have been mixed — the jury is still out on the best approach (see reports from Germany and Australia).
In the U.S., attitudes seem to be shifting towards more understanding for sex workers. But full legalization still faces an uphill political battle in most places.

Disorderly Conduct

Disorderly conduct covers a wide range of disruptive behaviors in public places, like:

• Making unreasonable noise
• Using offensive language or gestures
• Obstructing vehicle or pedestrian traffic
• Disrupting lawful assemblies
• Creating hazardous conditions

Police can charge someone with disorderly conduct as either a misdemeanor or violation-level offense, depending on the laws in their jurisdiction. Penalties can include fines, probation, and even jail time.
These laws try to balance public safety with civil liberties like free speech and assembly. It’s a complex issue with valid perspectives on both sides.
Some civil rights advocates argue that disorderly conduct laws are overly broad or vague, allowing police too much discretion to limit lawful protests. They can also disproportionately impact marginalized communities.
But others counter that some restrictions are still necessary to prevent harm and allow everyone reasonable use of public spaces. Courts have generally upheld disorderly conduct laws as long as they’re narrowly tailored to serve those interests, not just restrict content (see Supreme Court rulings like Feiner v. New York).
There have been some recent reforms, like Oregon reducing penalties for lower-level violations. But for now, disorderly conduct laws remain widespread as a catch-all tool for maintaining public order.

Public Drunkenness

It’s often perfectly legal to drink alcohol in public places like sidewalk cafes, festivals, or even while walking down the street in New Orleans. But if that drinking crosses the line into drunkenness and disruptive behavior in public, you could face fines or arrest.
Public drunkenness laws vary across states and localities. Some have banned it completely, while others only prohibit behaviors like offensive language or actions that threaten public safety because of extreme intoxication.
Critics argue these laws unfairly target homeless and mentally ill people who are drinking on the streets. There are often better solutions than jail time, like providing shelter, social services, or addiction treatment programs.
As a result, some areas have moved towards a “harm reduction model” for public drunkenness offenses. Police have discretion to instead bring publicly intoxicated people to sobering centers or medical facilities as needed, rather than automatically charging them with crimes (see programs in San Antonio and Los Angeles).
But other locales still take a “tough love” stance with strict public drunk laws, including possible jail sentences. They argue it’s necessary to maintain order and prevent problems like violence or property damage.
So approaches vary, often coming down to local attitudes. But reform advocates have made progress in some areas by promoting public health solutions over criminalization.

Drug Crimes

The U.S. has waged a “War on Drugs” for decades, making drug-related offenses a major part of our criminal justice system. Possession, distribution, trafficking, manufacturing – they can all mean serious prison time. Even paraphernalia like bongs or pipes are illegal in some states.
But after years of this punitive approach, we still have rampant issues like:

• Mass incarceration
• Racial disparities in enforcement
• Influxes of dangerously contaminated street drugs
• Inadequate access to drug treatment programs

That’s led to a rethinking of strategy, with a shift towards more public health-focused policies in recent years.
Some examples include:

• Decriminalization: Reducing penalties for personal use/possession, while still banning trafficking and sales (see Oregon’s recent ballot measure)
• Legalization: Allowing regulated recreational markets for certain drugs like marijuana (legal now in 19 states plus D.C.)
• Safe injection sites: Providing supervised medical facilities where people can use drugs under nursing care, linking them to treatment and social services (authorized now in NYC and other cities)

But opposition remains strong in many areas, with some seeing these approaches as surrendering to addiction. So it’s still a complex issue with ethical debates around security, public health, civil liberties, and social values. The coming years will determine where the national pendulum ultimately lands.

In Conclusion

Public order crimes highlight where freedom, morality, and social norms collide. Approaches vary widely between different communities–what’s acceptable in Sin City might shock Smalltown, USA!
But these debates matter. Public order laws reach into private lives and personal choices, for better and sometimes worse. Reform advocates have made progress rethinking punitive approaches, but political battles continue against traditional tough-on-crime mentalities.
It’s complicated stuff with good arguments from all sides. What do you think is the right balance for handling “crimes” that don’t directly harm victims, but clash with social values? Where should we draw the line between public order and personal freedom? Questions well worth wrestling with!
Let me know your thoughts in the comments…

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