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Civil Order Crime

Civil order crime is a generic, catchall term that can apply to a variety of crimes. It more specifically refers to minor criminal behavior that is likely to be seen or heard—or both—in the street and is frequently observed at predictable times and locations. Offenders often openly transact business on the street. Thus, an observer visiting such locations at set times will predictably observe overt criminal activity. These locations are often outdoor public spaces, including streets, playgrounds, shopping areas, business districts, and even residential neighborhoods, tending to be concentrated in less-affluent communities and heavily traveled business or industrial districts.

An all-encompassing term for this criminal conduct is public order crimes, also known as “quality-of-life offenses.” Individuals who engage in these public acts include panhandlers, illegal peddlers, street prostitutes, transients with dangerous mental illness, intoxicated persons who create a public disturbance, excessive noisemakers (people with loud motorcycles, “boom boxes,” car alarms, loud parties, etc.), and minor drug dealers. Female street prostitution (the practice of engaging in sex for a consideration, usually money) is a prime illustration of street crime because it is both highly visible and easily observed at set times and in definable locations. Prostitutes and their customers, who transact business in full view of the public, are easily identified, as are their encounters with the police.

History

Street crime, including a variety of minor offenses, such as prostitution, has been with us since the beginning of recorded history. According to Larry Siegel (1998), one of the earliest mentions of prostitution describes priests in ancient Mesopotamia who promoted fertility in the community through sex. Passing strangers engaged in sex and were expected to give donations to a temple for these services. Licensed brothels were later established in ancient Greece, where Solon used the earnings from prostitution to defray expenses for the temple of Aphrodite. From that time on, the degree of tolerance for prostitution has varied widely. Early Christian leaders tolerated prostitution as a necessary evil, but after the Reformation, Lutheran doctrine advocated its abolition on moral grounds. With the exception of certain counties in Nevada, prostitution is currently illegal in the United States.

Many nations, including several in Western Europe, have either legalized or decriminalized prostitution. Those that have legalized it have repealed criminal sanctions but imposed government regulations, including periodic medical examinations, tax registry numbers, and health education programs. Those nations that have decriminalized it have repealed all laws without imposing government regulation. More recently, in the United States, its illegality notwithstanding, enforcement of laws against street prostitution varies depending on the locale. In certain cities enforcement is relatively lax, where police react only on citizen complaints but otherwise ignore this street activity. In other areas, strict, rigorous enforcement policies are in force, which tends to be the norm in major American cities.

The evolution of a philosophy for rigorous enforcement of laws against quality-of-life offenses is a result of four major influences that evolved over the past two decades. These are the broken windows theory, the significance of disorder in relationship to crime, community and problem-oriented policing, and zero tolerance policing.

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