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

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


from http://jimfishertruecrime.blogspot.com/