DISCUSS THE IMPACT OF CRIMES AGAINST PUBLIC ORDER
Chapter 6: Crimes against Public Order
Discuss the impact of crimes against Public Order
Compare and contrast the issues of Constitutional rights v. public order (i.e. freedom of speech)
What is Public Order?

Definition of Public Order
Public order is a condition where there are no criminal and political violence, such as riots, rape,
human trafficking, kidnapping, murder, etc. When there is Public Order crimes are reduced as
criminals are arrested and convicted, and the local public can move freely without any fear of
harm or violence. Public disorder creates fear in public and affects the peace. Criminal and
political violence often violates human rights. The public has minimum means to address Public
disorder. The strength of police is less to manage public disorder and the judges are also
inadequate. Without public order, public will never have confidence in the public security
system and tends to seek security from other private agencies.

Definition of Public Order Crime
The public order crime is defined by Siegel (2004) as the "crime which involves acts that
interfere with the operations of society and the ability of people to function efficiently". It is a
criminal act that is contrary to social values, customs and norms. Robertson (1989:123) defines
that a crime is nothing more than "an act that contravenes a law". id. Deviance from social
values, customs and norms is considered to be crime when it is too disruptive and
uncontrollable through informal sanctions.

Perception of crime against Public Order

Philosophies of Public Order:

Deviations from Society
Deviance, in a sociological context, describes actions or behaviors that violate social norms,
including formally-enacted rules (e.g.,crime),as well as informal violations of social norms (e.g.,
rejecting folkways and mores).
Norms are the rules that guide members of society. Deviance is disobeying these social norms.
Social norms differ from society to society, community to community, country to country. An
act may be considered deviant in one society or community or country, but same act may be
normal for another society or community or country.
Deviance is a violation of social norms, rules and customs. It is thought or action or feeling that
society considers as violation of social norms, rules and customs. It is deviation from the norms
of a particular society at a particular time and violation of certain norms by inappropriate
behavior sufficient to exceed the limit of tolerance of particular community.
Deviance can be relative to time and place for example killing a human is considered murder
and is crime, however, it is permitted during war or for self-defense.
Common Crimes

Drug/alcohol related offenses
Drug related crimes are associated with drug abuse and drug addiction. In the U.S many
imprisoners have misused benzodiazepine drug. Many criminals are often found to be
intoxicated with alcohol and found positive for benzodiazepines (commonly known as
temazepam) compare to other drugs.
Drug related crimes are crimes like driving under intoxication, shoplifting under intoxication,
aggression and violence under intoxication, rape and assault under intoxication, drug dealing
and property crime. Majority of criminals are tested positive for benzodiazepines drug and
some of the criminals are tested positive for cannabis drug at the time of their arrest.
Research shows that benzodiazepine users are more violent and have imprisoned for crimes
compare to opiates drug users. Benzodiazepine is used to facilitate crimes such as murder, rape
or robbery and shoplifting due to the fugue state induced by its use. It is often mixed with food
or drink.
The most common benzodiazepines used to facilitate date rape are Temazepam and
midazolam. Gamma Hydroxybutyric acid drug is also used for date rape. Alprazolamis used to
facilitate acts ofincestand for the corruption of adolescent girls. Alcohol is most common drug
in cases of drug rape. Benzodiazepines and ethanol are also commonly used in sexual assaults.
Benzodiazepineflunitrazepam(Rohypnol) has strong amnesia-producing effects that cause
abuser to become ruthless and a feeling of being invincible. This has caused extreme violence
to others, often leaving criminal with no recollection of what they have done in their druginduced state.
Flunitrazepam drug is another drug used by serial killer's. It triggers extreme aggression with
anterograde amnesia. Many psychiatric patients who had abused flunitrazepam were found to
be extreme violent, lacked the ability to think properly, and experienced a loss of empathy for
their victims.
Many accidents are due to driving under intoxication. This has resulted deaths of many
innocent people.

Street violence
Street violence is most common type of public disorder. In U.S as on today 33,000 violent street
gangs, prison gangs and motorcycle gangs are criminally active. They use violence on
neighborhoods to control them and collect illegal money. They are also involved in robbery,
drug and gun trafficking, prostitution rings, fraud and extortion. As per 2011 National Gang
Threat Assessment report, gangs are responsible for about 48 percent of violent crime in
majority jurisdictions, and up to 90 percent in others.

Sex Crimes
Most commonly known sexual offenses are Forcible rape and Sodomy. Rape was earlier defined
as an act of forcible sexual intercourse with a female other than the perpetrator's wife.
However, as per present legislation Rape also includes the act of forcible sexual intercourse
with any person, even the spouse of the actor. Some states have restrictions in the prosecution
of marital rape. Rape involves assault with the elements of fornication or Adultery.
Sodomy is an anal intercourse, it also includes bestiality (sexual intercourse with an animal) and
fellatio and cunnilingus (forms of oral sex). They are unnatural forms of sexual activity called
crimes against nature.
Most of the state criminal statutes require some slight physical penetration in order to
consummate the crime of rape or sodomy. Completion of the sex act is not required to prove a
rape or sodomy case. Most statutes require some force to submit and earnest resistance for
rape.

Non-Forcible Sex Offenses
Non-forcible sex offenses are the sexual conduct with individuals who are not capable of giving
consent to sexual acts as per law. Law assumes that underage, mentally incompetent and
physically helpless victims are not capable to give consent to sexual acts and such consent will
not be considered as a valid defense.
Physically helpless individuals include those who are paralyzed, restrained, unconscious, or
otherwise incapable of resisting the sexual acts. Mentally disabled victims include permanently
mentally disabled or under drug and in a temporary state of mental disability, involuntarily
intoxicated individuals. Fornication (sexual intercourse between two unmarried persons) and
adultery (sexual intercourse with someone other than one's spouse) are non-forcible sex
offenses.

Political Crimes
A political crime is a crime involving acts or omission where there is a duty to act, which affects
the interests of the state, the political system or government.
States define political crime as a behavior perceived as a threat to the state's survival including
both violent and non-violent oppositional crimes. As a consequence of political crime a range of
human rights, freedoms and civil rights are truncated, and conduct which normally would not
be considered criminal acts per se are considered crimes at the convenience of the power
holding group.
Public order crime should be distinguished from political crime. In Public order crime the
community or individual suffers, whereas in a political crime, the state is a victim.
How Actions Impact Society

Individual victims
Victims can be any individual men or women, adults or children, and U.S. citizens or foreign
nationals. Some foreign nationals are currently in the U.S. legally, and others are
undocumented.

Community victims
In public riots generally communities are victims. In political crimes communities are targeted
for the benefit of political party. They are imprisoned under false crimes to avoid negative
voting. Police officers, soldiers, prison guards, and other workers are support politicians and
arrest poor people of particular community for minor drug offenses to reduce the number of
minorities who are eligible to vote. About 80 percent of all black males under the age of 35 had
been arrested in the mid-1990s and because of criminal record about 5 million Americans had
lost the right to vote.
It is seen that most of the political parties in the year 1960s kept the crime as a feature in their
manifesto. But in the year 1970 crime became the key political issue. Between the 1980s and in
the beginning of 1990s according to the public ‘conservative party’ was the best party on crime.
In 1992 labor party distinguished between ‘tough on crime, tough on the causes of crime’ and
in this way labor party took the lead and perceived the gap. Again in the year of 2000, public
viewed and restored their confidence on Labor as best on crime. The top concern for the public
is the major issue of the Government as crime.
Before 1960 law and order issues did not appear in the political party’s manifesto but after
1970s law and order became a main political topic largely initiated by Conservative party.
What the Constitution Says

Bill of Rights
Public order is to keep society safe. Public order restricts some freedoms of people. Bill of
Rights gives the rights to people to keep them from being mistreated by the government or
anyone else.
On September 25, 1789, Congress submitted to the state Legislatures twelve proposed
amendments to the Constitution. Numbers three through twelve were adopted by the states to
become the United States (U.S.) Bill of Rights, effective December 15, 1791.
The bill of rights helps to safeguard the citizens of the U.S. According to National Constitution
center, 2008, nearly two-thirds of the bill of rights safeguard the rights of persons suspected or
accused of crime. They are the fourth, fifth, sixth, seventh, and eighth amendment’s. They give
the right to due process of law, fair trial, and freedom from self-incrimination, unusual and
cruel punishment and being held in jeopardy twice for the same crime. Individual rights are
freedoms that enable people to choose who they want to be and give them fair treatment that
they deserve to get as a citizen.
Who Defines Public Order


Community tempo
National norms
Relevant Cases

Texas v. Johnson (case brief)
a. Facts
In 1984, Gregory Lee Johnson (“Johnson”), the defendant participated in Republican National
Convention that was held in Dallas, Texas. During the nonviolent demonstration Johnson was
handed American flag and he burned the flag to protest the policies of President Ronald
Reagan. No one was injured. He was arrested and charged with violating a Texas statute that
prevented the desecration of a venerated object, including the American flag, if such action
were likely to incite anger in others. A Texas court convicted Johnson for destroying a respected
object. He was sentenced to an imprisonment of a year and fine of $2,000 was imposed on him.
Johnson appealed against order of trial court, contending that his actions were "symbolic
speech" protected by the First Amendment but the Court of Appeals for the Fifth District of
Texas dismissed his appeal. He then appealed to the Texas Court of Criminal Appeals. The Texas
Court of Criminal Appeals overturned the decision of trail court and Court of Appeals stating
that Johnson could not be punished for exercising a right to free speech that is protected by the
First Amendment. In 1989, the Supreme Court heard the case, and affirmed the decision of
Texas Court of Criminal Appeals overturning Johnson’s conviction.
c. Issue
Whether flag burning causes a threat to the nation’s unity?
Whether the First Amendment of constitution extends to protect the conduct that is nonverbal?
Whether flag burning is considered a form of expressive conduct that is protected under the
First Amendment’s right to free speech?
d. Holding
No, the court held that in this case the flag burning does not cause a threat to the nation’s unity
and did not disturb the peace.
Yes, the First Amendment of constitution extends to protect the conduct that is non-verbal.
Yes, flag burning is considered a form of expressive conduct that is protected under the First
Amendment’s right to free speech.
e. Reasoning
Majority held that “speech” as stated in the First Amendment goes beyond spoken and written
word to protect acts. Hence, Johnson’s intended message in burning the flag was made very
clear and the content of his intended message cannot take away his right to express his ideas.
The state contended that it wanted to protect the peace and venerated national objects, but
the Supreme Court found that Johnson’s act did not threaten the peace or pose a threat to
national unity as represented by the flag. Supreme Court affirmed the order of Court of Appeals
stating that Johnson could not be punished for exercising a right to free speech that is
protected by the First Amendment and overturned Johnson’s conviction.
f. Concurrence
Justice Anthony Kennedy in concurrence with four fellow majority justices stated that
sometimes the nature of the law and Constitution compelled a decision that the justices did not
necessarily want to make, but that was right within the laws and freedoms of the Constitution.
g. Dissenting
Justice Stevens dissented stating that the flag's unique status as a symbol of national unity
outweighed "symbolic speech" concerns, and thus, the government could lawfully prohibit flag
burning.
h. Conclusion
Flag burning is protected speech under the First Amendment of the United States Constitution
as it is expressive conduct and the First Amendment does not cover only vocal/verbal speech
but it covers other forms of speech and speech acts also.
References:
1. Texas v. Johnson, 491 U.S. 397 (1989)