There seems to be a growing stink about the fact that former political hack Eliot Spitzer will not be doing time for paying women to have sex. Spitzer is a lousy husband and flaming hypocrite who deserved to see his political career derailed. OTOH, is locking up johns who pay (adult) hookers for sex really a wise use of public resources? Doesn't seem like it to me. Is this just a case of the talking heads (from both extremes of the scale) trying to stir up trouble, or do people actually care about this stuff?
I have a hard time with the notion of placing johns or prostitutes in jail (unless there's extinuating circumstances). To me, it's the pimps who need the closest scrunity for possible jail time.
But it's not legalized and regulated, except in certain places. The speed limit shouldn't be 60 in Oregon, but it is. I still get tickets if I go 68. I can go to jail if I do 90. Cocaine is illegal, and I go to jail if I use it or try to sell it. Why is breaking the law sexually different than breaking the law using drugs, or reckless driving? That said, I think community service is a better way to go. Instead of spending a day or 5 in jail, he should be out picking trash up off of I-95, or planting a community garden or painting over graffiti or something. Jail does nothing, but that's what our society generally reverts to when doling out punishment.
You're right, there are 2 separate issues here. Even if you oppose legalization, there is still the issue of appropriate penalty.
I don't think they should be in jail, I think people who steal cars, rob people, and get dui's should get stiffer penalties. People who look for prostitutes get humiliated enough when the police inform their wives of their adultery with the tranny hooker on 82nd. I do like the idea of community service though.