No Price Too High: Victimless Crimes and the Ninth Amendment by Robert M. Hardaway

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By Robert M. Hardaway

Hardaway argues the criminalization of victimless crimes violates the 9th modification to the U.S. structure and creates huge, immense public coverage difficulties within the society. He contends that the 9th modification adjudication version and the recommendations of self-determination and the damage precept are the criteria to which privateness concerns could be litigated.

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No Price Too High: Victimless Crimes and the Ninth Amendment

Hardaway argues the criminalization of victimless crimes violates the 9th modification to the U. S. structure and creates huge, immense public coverage difficulties within the society. He contends that the 9th modification adjudication version and the strategies of self-determination and the damage precept are the factors to which privateness matters can be litigated.

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21. 131. , 769, April, 1987. 132. , p. 769. 133. Id. 134. Marvin M. Moore, The Case for Legitimizing the Call Girl, 5 Cooley L. Rev. 337, May 1988. 135. A Today, September 28, 1993, p. A10. Defining the Victimless Crime 39 136. Id. 137. Id. 138. Carole A. Campbell, Prostitution, AIDS, and Preventive Health Behavior, Social Science Medicine, Vol. 32, 1991, p. 1368. 139. , p. 1370. 140. , p. 1371. 141. Decker, supra note 129, p. 91. 142. : Charles C. Thomas, 1986). 143. Barbara Milman, New Rules for the Oldest Profession: Should We Change Our Prostitution Laws?

176. , p. 258. 177. , p. 256. 178. Id. 179. Id. Chapter 2. CHAPTER 2 The Lessons of Prohibition Policy is formed by preconceptions and long implanted biases. When information is relayed to policymakers, they respond in terms of what is already in their heads and consequently make policy less to fit the facts than to fit the baggage that has accumulated since childhood. 1 Herbert Hoover Perhaps no other experience in American life draws a closer parallel to the prohibition of drugs, prostitution, and gambling than the prohibition of alcohol by the Eighteenth Amendment of the Constitution.

For such reasons, in many states legalizing gambling has had only a limited effect on illegal gambling. Governments have gone from prohibiting gambling altogether to actively promoting gambling and extracting the greatest possible rake from players. Such governments in fact cause far greater harm than the illegal gambling they purport to replace. A responsible gaming policy must include not only an education and treatment program for compulsive gamblers and those who can least 32 No Price Too High afford it but also strict prohibitions against promotion and advertising.

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