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Political Science 2300 Unit 4

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QUESTION:
◦ Do you agree with your peer’s view of what constitutional principles should guide policy on victimless crimes? Why/why not? ◦ How does your view differ from that expressed in your peer’s post?

WHAT HE SAID: William Kiatta
The book states that "victimless crimes" are, "the act among willing adults that violate some moral principle supported by the dominant forces in society constitute a substantial fraction of crimes." With this being said, I do not believe in "victimless crimes" such as drug trafficking, drug use, and prostitution. Victimless crimes such as gambling, homosexual acts, and sodomy should be guided by the 10th admendment. The 10th amendemnt pretty much states that the power not granted in the constitution by the U.S. is up to each individual state to make it a law or not. This is good because each states sees "victimless crimes" differently.
The Constitution has more of a commutarian view on "victimless crimes". The situation in this discussion says that some victimless crimes were prostitution, drug trafficking, and drug use. These three examples are illegal in every state. I do not believe the constituion supports these acts. People are arrested everyday for these reasons and it is for our protection. If it were up to people to decide wether or not to do this there would be more prostituion, more drug use and more drug trafficking. This would cause higher spread of diseases and crime rate. "the use of illegal drugs is often associated with murder, rape, robbery, aggravated assoult, burglary, theft, serious motor vehicle offenses with dangerous consequences, arson and hate crimes." (ncadd.org) The Constitution was made to protect us and it is soing so by having a commutarian view on "victimless crimes."
"Clearly, a reduction in the extent of drug addiction should lead the to a reduction in crimes against property." (Cochran, 194) The best way for a policy analyst could enact and enforce laws is by viewing the past and current behaivoir of people with these problems.

MY RESPONSE:
William, I agree with your idea that the 10th Amendment is the best constitutional principle in guiding policy on victimless crimes. Unlike your view, I personally see the Constitution providing support for a libertarian view rather than a communitarian view. The constitution provides support for the libertarian view as it allows people to act and live how they choose, with government intervention being allowed when these victimless crimes become a threat to others. As our textbook states, “liberals tend to have faith in the power of government to make the world better” further clarifying why I believe in a libertarian view being supported by the Constitution (Cochran 40). You presented a strong idea though on how policy analysts could view the behavior of citizens when deciding to enact and enforce laws, as I mentioned a similar scenario.

Works Cited:
Cochran, Clarke E. American Public Policy: An Introduction. Boston, MA: Wadsworth Cengage Learning, 2012. Print.

WHAT SHE SAID: Ryley Andersen
The Tenth Amendment of the Constitution states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (Legal Information Institute, 2015). I believe that this constitutional principle should help to guide policy on victimless crimes because the Constitution neither gives rights for these issues nor does it say to deny them. Therefore, states should be allowed to decide if these victimless crimes should be treated as crimes and punishable. The Constitution provides more support to the libertarian view because it gives the people rights for issues that the constitution or laws have not addressed. The ninth amendment of the Constitution states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people (Legal Information Institute, 2015). The amendment is meant to protect additional fundamental rights that are not listed in the constitution or law. I think that some victimless crimes should be illegal because they can potentially harm other people. For example, drug users could harm someone else due to altered judgment. Policy analysts could evaluate behaviors that could potentially harm others and decide whether the so called victimless crime is actually victimless.

MY RESPONSE:
Ryley, I thoroughly agree with your belief that the 10th amendment would be the strongest constitutional principle to help guide policy on victimless crimes occurring throughout our nation. Furthermore, I strongly concur with your idea that the constitution provides stronger support to the libertarian view rather than the communitarian view on victimless crimes. Each state holding power pertaining to how victimless crimes are handled, as well as if they should even be punishable, is a thought of yours I completely stand behind. I like your stance relating to your idea that some victimless crimes should be considered illegal due to the harm they could cause to others such as “prostitution that spreads disease” or as you mentioned “drug use that leads to crimes” (Cochran 162).

Works Cited:
Cochran, Clarke E. American Public Policy: An Introduction. Boston, MA: Wadsworth Cengage Learning, 2012. Print.
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