Ain't Nobody's Business If You Do
Encyclopedia
Ain't Nobody's Business if You Do: The Absurdity of Consensual Crimes in Our Free Country (ISBN 0-931580-58-7) is a book by Peter McWilliams
in which he presents the history of legislation against what he feels are victimless crimes, or crimes that are committed consensually
, as well as arguments for their legalization.
The book is divided into five sections.
Throughout the book are approximately six hundred quotations by noted thinkers on both sides of his positions (primarily supporters).
McWilliams presents a variety of arguments against the criminalization of victimless crimes. Some are philosophical in nature: one argument is that laws against these crimes are based in religion, which violates the separation of church and state. He also claims that they are un-American, as they attempt to homogenize the country to a certain group's idea of morality, and that they create an oppressive society, restricting personal freedoms without justification. Another claim is that they teach irresponsibility, by not letting people deal with the natural consequences of their actions, but rather penalizing them whether or not their actions harmed anyone else.
Other objections are practical: catching the "criminals" involved is an expensive affair. Victimless crimes draw manpower and funds away from crimes that do hurt innocent parties, and enforcement of the laws is not consistent enough to be an effective deterrent. He also argues that actions to help people deal with problems caused by these illegal activities are effectively prevented by their criminilization -- for example, no one could be helped about their drinking problems during Prohibition. Additionally, he details how laws against victimless crimes paved the way for organized crime
.
Activities examined in detail in Part III include gambling
, recreational drug use
, medical marijuana, prostitution
, homosexuality
, pornography
, indecent exposure
, and seat belt legislation
.
The text of this book (as well as McWilliams' other books) is available for free in its entirety on the web.
Peter McWilliams
Peter Alexander McWilliams was a writer and self-publisher of best-selling self-help books. He was an advocate for those suffering from depression. And, in his later years, he was a cannabis activist. Terminally ill with AIDS and cancer, he became a vocal campaigner for the legalization of medical...
in which he presents the history of legislation against what he feels are victimless crimes, or crimes that are committed consensually
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 unlawful....
, as well as arguments for their legalization.
The book is divided into five sections.
- Part I gives a definition of victimless and consensual crime and outlines the difference between personal moralityMoralityMorality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
and governmentally-imposed morality. - Part II presents arguments against the criminalization of victimless crimes.
- Part III gives a closer look into some of the individual activities which the author classifies as consensual crimes, such as prostitutionProstitutionProstitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
and marijuanaCannabis (drug)Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
use, but which the majority of criminologists would classify as victimless. - Part IV gives historical examples of the treatment of consensual and victimless crimes, such as ProhibitionProhibitionProhibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
, and Biblical examples. - Part V advises readers on what to do to change the laws.
Throughout the book are approximately six hundred quotations by noted thinkers on both sides of his positions (primarily supporters).
McWilliams presents a variety of arguments against the criminalization of victimless crimes. Some are philosophical in nature: one argument is that laws against these crimes are based in religion, which violates the separation of church and state. He also claims that they are un-American, as they attempt to homogenize the country to a certain group's idea of morality, and that they create an oppressive society, restricting personal freedoms without justification. Another claim is that they teach irresponsibility, by not letting people deal with the natural consequences of their actions, but rather penalizing them whether or not their actions harmed anyone else.
Other objections are practical: catching the "criminals" involved is an expensive affair. Victimless crimes draw manpower and funds away from crimes that do hurt innocent parties, and enforcement of the laws is not consistent enough to be an effective deterrent. He also argues that actions to help people deal with problems caused by these illegal activities are effectively prevented by their criminilization -- for example, no one could be helped about their drinking problems during Prohibition. Additionally, he details how laws against victimless crimes paved the way for organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
.
Activities examined in detail in Part III include gambling
Gambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
, recreational drug use
Recreational drug use
Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
, medical marijuana, prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
, homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
, pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
, indecent exposure
Indecent exposure
Indecent exposure is the deliberate exposure in public or in view of the general public by a person of a portion or portions of his or her body, in circumstances where the exposure is contrary to local moral or other standards of appropriate behavior. Indecent exposure laws vary in different...
, and seat belt legislation
Seat belt legislation
Seat belt legislation requires the fitting of seat belts to motor vehicles and/or the wearing of seat belts by motor vehicle occupants. The U.S. state of Wisconsin introduced legislation in 1961 requiring front seat belt anchorages to be fitted to cars. The Australian state of Victoria mandated...
.
The text of this book (as well as McWilliams' other books) is available for free in its entirety on the web.