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Thursday, May 8, 2014

Criminal Justice Quote: Prostitution Is Here to Stay

Although there are social harms beyond private immorality in commercialized sex--spread of venereal disease, exploitation of the young, and the affront of public solicitation, for example--the blunt use of the criminal prohibition has proven ineffective and costly. Prostitution has flourished in all civilizations; indeed, few institutions have proven as hardy. The inevitable conditions of social life unfailingly produce the supply to meet the ever-present demand….There are limits to the degree of discouragement which the criminal law can properly exercise towards a woman who has deliberately decided to live her life in this way, or a man who has deliberately chosen to use her services.

Sanford H. Kadish, "Overcriminalization" in The Criminal in Society, Leon Radzinowicz and Marvin
Wolfgang, Editors, 1971


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