Criminal Defense and Prostitution

Criminal Defense and Prostitution

Any person accused of a crime is required by the law to appear in court for trial. The accused person in such a situation is called a defendant. The defendant and his/her criminal attorney in court will try to establish that a criminal defence to avoid the judge from ruling that he/she is guilty. Criminal defense is an argument that is angled toward the attempt to prove that the prosecution evidence not valid that sufficient to warrant criminal charges against the accused. There are different types of criminal defenses in criminal law that are considered before the court pass judgment on the accused. They include Insanity, justification, and duress.

Criminal defense of Insanity

In case a person accused of a crime is found to have been insane during the time of the criminal act, the court will entitle such a defendant in criminal defense of no guilty due to Insanity. However, people have used this defense for years to escape guilty verdicts. The general public has raised concerns that the defense is used by many people who are indeed guilty of the crime, and they managed to come out of the court pardoned even though the case is a high-profile one. Several criminal studies have established that nearly one per cent of the cases globally involves the application of an insanity defense.

There are four methods through which courts use to determine whether the defendant is legally insane or not. They include M’Naghten Rule, Durham Rule, Irresistible impulse, and Model Penal code. Each country has a law that provides the method courts in the country will apply among the four. These methods have been scientifically proven as tests that give enough evidence of the state of mind of the defendant at the time he/she did the crime.

Criminal defense of justification

Justification defense justifies the defendant’s behaviour as socially acceptable, leading to a positive outcome in the court trial. An example of such a situation is when the defendant is found to have committed the crime to protect other people from harm or to defend a personal property. Moreover, such cases are rare. Justification defense includes self-defense and necessity.

Defense of Duress

A duress defense is one of the branches of a justification defense. This type of defense is applied if the accused person committed a criminal offence as a result of the captivity against one’s will. The critical factor considered in such a case is that the person must have been under a threat of physical violence. The person will only be justified if there was no way of avoiding the physical punishment for not yielding to the perpetrator’s demand other than committing a crime.

Insanity, justification, and duress defense are critical types of defense as help the accused from facing the full force of law when they did not commit crimes intentionally. However, these defenses should be contracted to prevent real criminals from escaping guilty verdicts. The society has raised concerns several times concerning offences committed, but the criminals get away without punishment (Hermann, Single & Boston, 2017). Contracting these defenses by though scrutiny of those who claim that they break the law intentionally will help reduce criminal activities that are on the rise globally.

Should Prostitution be legalized?

Prostitution is the exchange of sex services for money. As the population rise globally and the rate of unemployment increase, sex industry expands. Ladies from developing countries form a large percentage of sex workers in the world. The majority of the women in the industry are age between 18-40 years of age. Many of the prostitutes are found in towns, and they mainly locate themselves along streets, areas around bars, pubs, and lodges where they can quickly get customers. Recently, the industry advanced by exploiting technology. Nowadays, some websites have photos, locations, and contacts of prostitutes, also called escorts.

Should Prostitution be considered a crime? This is a question that has sparked a lot of debates globally. It has been discussed in parliaments and activists have met to address the issue. On the other hand, movements have been formed by sex workers to demand the decriminalization of Prostitution. Some countries have responded to the pressure of these movements and legalized Prostitution. These countries include Bangladesh, France, Austria, Belgium, Brazil, Denmark and others. In such states, government license brothels to tax the industry

The fact that about 80% of commercial sex workers are female, they should be overlooked. This is the vulnerable group in the society that demands the support of the government (Halleck, 2014). They are exposed to the threat of physical violence and rape. One former prostate recounts how she was stabbed more than ten times when she was working as a sex trafficker and independent contractor. She says that it is the society that is responsible for her woes for creating a comfortable environment for the men who attacked her. The lady could not go to sue the men in court because her country considers Prostitution as illegal. If the trade was legal, she could have enough grounds to report the gang to the police.

A study shows that sexually transmitted infections are lower in areas where the sex trade is legal. The law governing Prostitution in such areas provides that prostitutes should undergo mandatory testing for STIs and HIV/AIDS testing regularly. Also, the law requires them to have protected sex, and protections are provided at health facilities to prevent transmission of diseases.  In such areas, diseases transmitted through sex are minimal. Legalizing Prostitution makes sex workers feel a sense of belonging. They do their work, keeping in mind that other people in society matters, thus acting responsibly.

Internet always has a story to tell concerning sex trade. Many testimonials have been written and published on the web with many sex workers expressing high satisfaction in their career. Many claims that they have achieved great financial success in the industry salvaging them from poverty and economic hardships. Customers, on the other hand, have expressed their satisfaction with the services they were given, thus bringing forth the question, why should Prostitution considered crime?

In as much as Prostitution should be made legal, pros and cons of the trade should be considered so that a balance can be a strike in coming up with laws that govern the business. Young girls should be restricted from joining the business, lest they stop pursuing their education. Also, legislation should direct its eye to families to prevent domestic violence and divorce. Protecting the public against STIs and HIV/AIDS is not an exception; the trade should not propagate danger in society.

References

Halleck, C. W. (2014). Should Prostitution be legalized? Medical Aspects of Human Sexuality.

Hermann, R., Single, E., & Boston, J. (2017). Counsel for the Poor: Criminal defense in urban America. Lexington, MA: Lexington Books.