PROPOUND To offer or propose. To form, serve, or put forward an item, plan, or idea for discussion and ultimate acceptance or rejection. In litigation, parties commonly ask each other formal, written questions (known as “interrogatories”) as part of the discovery process. One party will propound a set of these questions for the other to answer in writing. Federal Rule of Civil Procedure Rule 33 governs interrogatories in federal civil litigation matters. Under this rule, a party may typically serve no more than 25 interrogatories unless the court makes an exception. State rules, however, vary as to quantity. PROPRIETARY As a noun, a proprietor or owner; one who has the exclusive title to a thing; one who possesses or holds the title to a thing in his or her own right; one who posses ses the dominion or ownership of a thing in his or her own right. As an adjective, belonging to ownership; owned by a particular person; belonging or pertaining to a proprietor; relating to a certain owner or proprietor. “Proprietary” is an adjective that refers to ownership or characteristics relating to own er- ship. It describes all the rights that the owner of property may exercise. Proprietary articles are items that are manufactured and marketed under an exclusive right. Municipal corporations have a proprietary function, a term describing the duty or capacity of a city to enter into busine ss ventures or to perform discretionary acts in the best interests of the citizens. Proprietary functions differ from governmental functions, which are duties that a city performs as a political subdivision of a state. In general, a governmental function is one that only government may perform (such as licenses and inspections), while a proprietary function may be performed by a municipal or a private entity (for example, trash collection). Courts may classify some functions, such as municipal hospitals and road repair, in either category, which can affect the outcome of civil LITIGATION. PRORATE To divide proportionately. To adjust, share, or distribute something or some amount on a pro rata basis. For example, if an individual chooses to join an association or organization that has yearly dues, a prorated membership fee may be offered if said individual joins mid-year, as they will not be awarded the benefits of membership for an entire calendar year. PROROGATION Prolonging or putting off to another day. The discontinuation or termination of a session of the legislature, parliament, or the like. In ENGLISH LAW, a prorogation is the CONTINUANCE of the parlia- ment from one session to another, as an adjournment is a continuation of the session from day to day. In CIVIL LAW, giving time to do a thing beyond the term previously fixed. PROSECUTE To follow through; to commence and continue an action or judicial proceeding to its ultimate conclusion. To proceed against a defenda nt by charging that person with a crime and bringing him or her to trial. The state, on behalf of the people, generally prosecutes a defendant accused of a crime. PROSECUTING ATTORNEY See DISTRICT AND PROSECUTING ATTORNEYS. PROSECUTOR A prosecutor is one who prosecutes another for a crime in the name of the government. State and county governments employ prosecutors to represent their local communi- ties in complaints against criminal defendants. On the federal level, the president appoints prosecutors to represent the United States in complaints against criminal defendants. In some states a prosecutor must present the court with a written statement of the charges, called an information. In other states a prosecu- tor is required to convene a GRAND JURY before charging a DEFENDANT with a serious crime. A grand jury is a collection of laypersons selected by the prosecutor to examine evidence and decide whether to indict the defendant and so authorize prosecution. On the federal level, the FIFTH AMENDMENT requires prosecutors to obtain an INDICTMENT for capital or “otherwise infa- mous” crimes, with the exception of crimes arising out of active military service. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 168 PROPOUND In most criminal cases, the prosecutor must match wits with the defense attorney who represents the defendant. Almost all criminal defendants are represented by an attorney, even if they cannot afford to pay for one. If a court does not offer LEGAL REPRESENTATION to a criminal defendant, the defendant may not be incarcer- ated upon conviction. Prosecutors have a broad discretion in determining whether to prosecute a criminal defendant. A prosecutor does not have to personally believe BEYOND A REASONABLE DOUBT that the defendant committed the alleged act. A prosecutor must simply possess enough evidence to support a reasonable belief that the defendant committed the crime. There are two notable limits on the prosecutor’s discretion to prosecute. First, a prosecutor may not base a prosecution on “an unjustifiable standard such as race, religion, or other arbitrary classification” (Oyler v. Boles, 368 U.S. 448, 82 S. Ct. 501, 7 L. Ed. 2d 446 [1962]). For example, a prosecutor may not selectively prosecute only Chinese persons who violate laws regulating laundry facilities (Yick Wo v. Hopkins, 118 U.S. 356, 6 S. Ct. 1064, 30 L. Ed. 220 [1886]). Second, a prosecutor may not vindictively add charges because a defendant has pursued a constitutionally protected right (Blackledge v. Perry, 417 U.S. 21, 94 S. Ct. 2098, 40 L. Ed. 2d 628 [1974]). For example, assume that a defendant is convicted at trial but that the conviction is reversed on appeal. If the prose- cutor seeks to retry the defendant, the prosecu- tor may not, without more evidence, charge the defendant with more serious charges than the defendant faced in the first trial. A prosecutor may threaten a defendant w ith a more serious charge if the defendant refuses to plead guilty to a lesser criminal charge, but only if the prosecutor has evidence to support the more serious charge (Bordenkircher v. Hayes, 434 U.S. 357, 98 S. Ct. 663, 54 L. Ed. 2d 604 [1978]). Prosecutors hired by the government are the only persons empowered to prosecute criminal cases. Private parties may lodge criminal complaints against persons or groups, but under state and federal statutes, only a duly authorized attorney may prosecute a criminal case. Federal and state governments can pro- hibit unauthorized persons from prosecuting other persons because the control of criminal prosecutions is a leg itimate interest of govern- ment (Leeke v. Timmerman, 454 U.S. 83, 102 S. Ct. 69, 70 L. Ed. 2d 65 [1981]). This rule makes sense because it allows the government to prevent the judicial system from becoming more overburdened. Prosecutors have many duties to perform in the course of a criminal prosecution. At the arraignment—the defendant’s first appearance before the court—the prosecutor must make a bail recommendation. BAIL is the amount of money that the defendant must pay the court to gain release from jail. Release for a fraction of bail may be obtained if a criminal defendant pays a bail bonds company that promises to pay the bail if the defendant does not show for future court appearances. A prosecutor may recom- mend that the court deny bail to an allegedly dangerous defendant to keep the defendant in jail while the case is being processed. The prosecutor must prepare the case against the defendant. She does this by review- ing the evidence, conducting an investigation, and communicating with police officers. The prosecutor may issue directives to law enforce- ment personnel to find more evidence. The prosecutor also must notify the defendant of the evidence against him and must turn over any exculpatory evidence (evidence that would tend to clear the defendant) that the prosecutor possesses. The prosecutor usually meets with the defendant or the defendant’s attorney in advance of trial to discuss the case. Considering the vast number of criminal laws passed by state and federal legislatures, defendants usually face more than one criminal charge for any given criminal episode. The ability to bring multiple charges gives prosecutors a measure of bargain- ing power over criminal defendants. Prosecu- tors often are willing to drop certain charges and recommend lesser sentences for de fendants who agree to plead guilty to a certain crime. This practice is called PLEA BARGAINING. If the defendant does not wish to plead guilty, the prosecutor usually must defend the legitimacy of the prosecution at various stages before trial. In felony cases the prosecutor may be required under law to obtain permission from a grand jury before she or he can prosecute the defendant. A grand jury is a panel of individuals that can reject a criminal prosecution for lack of evidence. If the grand GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PROSECUTOR 169 jury return s a NO BILL, the defendant is not indicted and the case against the defendant must be dropped. If the grand jury returns a TRUE BILL, the defendant is indicted and the prosecution may proceed. Few criminal defendants proceed to trial. More than 90 percent of all criminal prosecu- tions are disposed of through plea bargainin g. Those criminal defendants who do proceed to trial usually mount challenges prior to trial based on the legality of evidence gathering and the sufficiency of the evidence against them. Defendants may make requests of the court. For instance, a defenda nt may request that the trial be moved to a different geographic location, or a defendant may ask the court to forbid the trial participants from talking to the media. The prosecutor may also challenge evidence offered by the defendant and make certain requests of the court. These challenges and requests are made in pretrial motions and hearings. If the prosecutor does not rebut or respond to the defendant’s arguments regarding the evidence, the court may dismiss the case before it goes to trial. At trial the prosecutor must prove beyond a REASONABLE DOUBT that the defendant committed the alleged criminal acts. The prosecutor must make an OPENING STATEMENT, present evidence and testimony, and make a CLOSING ARGUMENT. Both the prosecutor and defense attorney have the right to cross-examine witnesses and to challenge the introduction of certain testimony and other evidence. Ultimately, the court decides what evidence will be admitted into the trial and what evidence will be excluded. If the defendant is convicted, the trial judge imposes a sentence. The prosecutor may make a sentencing recom mendation, but the court is not obliged to follow the recommendation. In theory, a prosecutor’s job is not to convict and send to prison as many persons as possible. The basic function of a prosecutor is to seek the truth about criminal actions. Thus, if a prosecutor discovers evidence that puts the defendant’s guilt in doubt or relieves the defendant of criminal liability, the prosecutor must turn that evidence over to the defendant. If a prosecutor lacks evidence of a defendant’s guilt, he or she must drop the charges or decline to press charges. In practice, however, prosecu- tors find that they are judged in the court of public opinion on the number of convictions that they obtain. The prosecutor’s role differs significantly from the role of the defense attorney. The defense attorney’s primary job is to zealously defend the client and to seek a result that is in the client’s best interest. The prosecutor’s job is more complicated. The prosecutor must decide whether the prosecution in a given case will promote the ends of justice, instill respect for the law, and advance the cause of ordered liberty. In any event, a prosecutor does not decide whether to convict a defendant. That decision is made by the fact finder: either the judge in a BENCH TRIAL or the jury in a jury trial. The prosecutor only decides whether to charge the defendant and then presents the community’s case to the fact finder. Scholars disagree on the precise historical origins of the U.S. prosecutor. The modern version of the professional prosecutor likely derives from the European practice of vesting one office with the power to conduct criminal prosecutions. In Engl and, private parties could prosecute other private parties until the eigh- teenth century, but English statutes creating the office of public prosecutor existed as far back as the mid-sixteenth century. In colonial America all 13 colonies established the office and position of attorney general. The colony’s attorney general was charged with prosecuting crimes committed within the colony. Private prosecutions were carried out at times, but private prosecution ended around the beginning of the American Revolution in the 1770s. Historians have attributed the rise of the public prosecutor to the cost associated with private prosecutions. Few persons in colonial America had the time or resources to prosecute an alleged criminal. The primacy of the public prosecutor became entrenched in the 1820s as the U.S. public began to press for the introduction of democracy into the criminal justice process. States began to allow the election of judges, and laws allowing the election of a prosecutor followed shortly thereafter. In 1832 Mississippi became the first state to include a provision in its constitution providing for the election of local prosecutors. Every state entering the Union after 1850 provided for either the election or employment of public prosecutors, and the position is now deeply rooted in the federal and state criminal justice systems. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 170 PROSECUTOR Originally, public prosecutors were consid- ered mere figurehe ads in the criminal justice system. Local sheriffs and even coroners had more say in the process than did the prosecutor. This situation changed by the mid-nineteenth century as more and more prosecutors were elected by the public rather than hired by the local government. The powers of the prosecutor gradually increased until the 1920s, when a drastic increase in crime led to heightened public scrutiny of the office and revelations that prosecutors were being corrupted by organ ized criminals. By the 1940s most states had enacted statutes creating licensing requirements for the office of prosecutor. Under these statutes a person who is not licensed to practice law may not perform the work of the prosecutor even if the person has won the election. Most states also created a regular office of prosecutor instead of hiring private attorneys to work as part-time prosecutors. The power of the prosecutor’s office has increased over the years. Modern prosecutors have more authority than ever before. They have the authority to investigate persons, grant IMMUNITY to witnesses and accused criminals, and plea bargain with defendants. Prosecutors decide what criminal charges to bring and when and where a person will answer to those charges. Courts rarely second-guess the decisions of a prosecutor, and all courts presume that a prosecutor has acted appropriately. Furthermore, prosecutors enjoy absolute immunity from suit for their court- room work. However, they may be liable for suit when their conduct in the investigatory phase of their duties is in dispute. They may be forced to defend against a suit for MALICIOUS PROSECUTION only if they blatantly exceed the powers of their office. A prosecutor who fabricates testimony or other evidence, for instance, may be held liable in a civil suit for malicious prosecution. FURTHER READINGS Beebe, Mark A. 2003. “Prosecutors, Politics, Press, and Prejudice.” Idaho Law Review 39 (spring). Chattin, Rebecca M. 1996. “Prosecutorial Discretion.” Georgetown Law Journal 84 (April). Clark, Marcia. 1997. Without a Doubt. New York: HarperCollins. Darden, Christopher, and Jess Walter. 1996. In Contempt. New York: HarperTrade. Gershman, Bennett L. 1999. Prosecutorial Misconduct. 2d ed. St. Paul, Minn.: West Group. Law Enforcement Coordinating Committee/Victim-Witness Staff, Executive Office for United States Attorneys, U.S. Department of Justice. 1999. Victim and Witness Rights: United States Attorneys’ Responsibilities. 3d ed. Washington, D.C.: U.S. Dept. of Justice, Executive Office for United States Attorneys. Miller, Frank W., et al. 1991. Prosecution and Adjudication. 4th ed. Westbury, N.Y.: Foundation Press. Misner, Robert L. 1996. “Recasting Prosecutorial Discre- tion.” Journal of Criminal Law and Criminology 86 (spring). Richman, Daniel. 2003. “Prosecutors and Their Agents, Agents and Their Prosecutors.” Columbia Law Review 103 (May). Worrall, John L., and M. Elaine Nugent-Borakove, eds. 2008. The Changing Role of the American Prosecutor. Albany: State Univ. of New York Press. CROSS REFERENCES Attorney; Criminal Law; Criminal Procedure; District and Prosecuting Attorneys; Malicious Prosecution; Plea Bargaining; Pretrial Conference; Right to Counsel. PROSPECTUS A document, notice, circular, advertisement, letter, or communication in written form or by radio or television that offers any security for sale, or confirms the sale of any security. A prospectus, sometimes known as an “offer document,” is a legal docu ment published by, or on behalf of, a corporation or MUTUAL FUND.It contains disclosures about the character, nature, and purpose of an issue of shares, debentures, or other corporate SECURITIES that extends an invitation to the public to purchase the securi- ties. The prospectu s is filed with the SECURITIES AND EXCHANGE COMMISSION . The content of a prospectus is regulated by federal law. It must contain all material facts relating to the company and its operations (including assets and liabilities) so that a prospective investor can make an informed decision as to the merit of the investment. In the case of a mutual fund, it must discuss the fund’s policies and fees. A prospectus must be available to an investor before any asset purchase is made. PROSTITUTION Prostitution is the act of offering one’s self for hire to engage in sexual relations. Prostitution is illegal in all states except Nevada, where it is strictly regulated. Some state statutes punish the act of prostitution, and other state statutes criminalize the acts of soliciting prostitution, arranging for prostitution, and operating a house of prostitution. On the federal level, the MANN ACT (18 U.S.C.A. § 2421 [as amended] makes it a crime to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PROSTITUTION 171 transport a person in interstate or foreign commerce for the purpose of prostitution or for any other immoral purpose. Prostitution, historically and currently a trade largely practiced by women, was not a distinct offense in colonial America. A prostitute could be arrested for VAGRANCY if she loitered on the streets, but generally the act of engaging in sex for money was not itself a crime. The first prostitution statutes were enacted during the so-called Progressive political move- ment of the late nineteenth and early twent ieth centuries. Urban areas experienced unprece- dented growth during this period. Cities became the centers of industrial manufacturing and production, and they were quickly ravaged by disease and poverty. The Progressive movement emphasized education and instituted new government controls over the activities of the general population. The movement introduced the PROHIBITION of alcohol, which was banned from 1919 to 1933, vested government with increased power over the lives of poor persons, and created a host of new criminal laws, including laws on prostitution. Prostitution actually increased during this period, and it was seen as one of the biggest threats to public health because of its potential to spread debilitating venereal diseases such as syphilis and gonorrhea. Prostitutes were viewed as moral failures. The male customers of prosti- tutes were not held up to scorn, but the women who practiced prostitution were seen as respon- sible for increases in crime and the general decay of social morals. In the nineteenth and early twentieth centuries, states began to encourage the arrest of prostitutes for such crimes as vagrancy and loitering. Congress passed the Mann Act in Commercial Sex: Repression or Legalization? I n the United States, 49 states make prostitution a crime. The only excep- tion is Nevada, which permits brothels to operate in specific areas of the state. Since the 1970s, advocates of reform have called for either the legalization or the decrimi- nalization of prostitution. Proponents see these approaches as a way of preventing women from being punished for making a choice on how they want to earn an income. Opponents of these changes dismiss the idea that women voluntarily choose this type of work and claim that prostitution is yet another part of the U.S. commercial sex industry, which systemat- ically subordinates women. Proponents of decriminalization argue that it would remove the stigma associated with prostitution and increase profits. They contend that decriminaliza- tion would also relieve the police of the costly and futile effort to stop an unstoppable practice. Legalizing prostitution would mean regulating it. Supporters contend that this would allow the government to collect millions of dollars annually in taxes, reduce collateral crime, and pro- tect the public from sexually transmitted diseases. Proponents point to Nevada, where the use of brothels facilitates testing for diseases and reduces the number of street prostitutes. Other supporters of decriminaliza- tion and regulation challenge what they see as the paternalistic argument that women need to be protected from sexual exploitation. This argument, they claim, is nonsensical because it means that to protect women from exploitation, society must imprison them for engaging in prostitution. In addition, those who favor decrim- inalization note that the worst form of exploitation suffered by prostitutes is from pimps. If prostitution were legal, women would generally conduct busi- ness on their own, free from the parasitic and abusive conduct of pimps. Decriminalization supporters also cite the difference between the lax policing of off-street prostitutes and the harsh treatment of street prostitutes. These observers argue that the enforce- ment disparity is a matter of race and class: most street prostitutes are mem- bers of historically oppressed groups, whereas off-street prostitutes generally have middle-class backgrounds. They argue that it is unfair for society to tolerate and even promote escort services while regularly jailing street prostitutes. Opponents of legalization of prostitu- tion have traditionally based their opposi- tion on the immorality of commercial sex. However, modern feminist thought has developed other arguments against the removal of legal barriers to selling sex. Many feminists have attacked the “career-choice” argument. They see it as a corruption of feminist values that otherwise favor the economic liberty of women. They contend that, from a limited range of options constrained by economics, education, sexual harass- ment, and abuse, the decision to sell one’s body cannot be deemed a choice. Even if a woman makes a conscious GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 172 PROSTITUTION 1910, which criminalized interstate prostitution, and state legislatures made prostitution a distinct criminal offense. The prostitute, not the cus- tomer, was the first to be penalized on the state and local levels; statutes that criminalized the solicitation of prostitution were passed later. Historically, the enforcement of prostitu- tion laws focused on apprehension of the prostitute. In the 1960s and 1970s, perhaps as a result of heightened social discourse on the issue of prostitution, police departments be- came more vigilant in their pursuit of custo- mers. Local police in urban areas now regularly conduct “sting” operations designed to catch solicitors through the use of undercover agents posing as prostitutes. Many states have FORFEI- TURE statutes that give law enforcement agen- cies the power to seize and gain ownership of vehicles us ed by customers of prostitutes, and alleged customers may find their pictures published in the local newspaper. All jurisdictions have made their prostitu- tion statutes gender-neutral, but the prostitu- tion relationship still usually consists of a man paying a woman for sex. There are occasional variations of the sexual identities of the participants in contemp orary society, but, by and large, a prostitute is still more likely to be a female. Many prostitutes still work on the street, living a desperate, brutal, dangerous life at the mercy of a promoter, or pimp. Because the prostitute usually is a woman or a girl, and because prostitution can wreak havoc on the life of the prostitute, the issue of prostitution has become a matter of concern for WOMEN’S RIGHTS advocates. An increasing amount of prostitution occurs off the street by organized escort services, and decision to enter prostitution, this does not redeem the trade from being the worst form of gender-based exploitation. The “choice” argument is also un- dercut, argue the opponents of legaliza- tion, by the fact that the average prosti- tute starts working at the age of fourteen and suffers sexual abuse, drug depen- dency, violence at the hands of custo- mers, and emotional control by pimps. From this point of view, women are victims of commercial sex work. More radical feminist critics of legalization argue that prostitution, like pornography, is an example of the unequal status of women in the United States. The right to privacy arguments advanced by legalization proponents may sound reasonable, contend critics, but they mask the systematic subordi- nation of women. Noted feminist legal scholar Catharine A. MacKinnon has defined pornography as “the graphic sexually explicit subordination of women, whether in pictures or words,” especially in a violent or degrading context. Prostitution is worse than pornography, contend these critics, be- cause women are subje cted to sex in violent and degrading contexts. For these more radical critics of legalization and decriminalization, making commercial sex legal would legitimize the subordinated position of women in U.S. society. Just as the legalization of casino gambling has caused a dramatic increase in the num- ber of people gambling and the amount of money wagered, the legalization of prostitution would give the commercial sex industry the opportunity to legiti- mately expand. Critics argue that in a consumer culture already permeated with sexual imagery, legalization is not the answer. Legalization critics have acknowl- edged, however, that prostitutes are prosecuted for their acts while their male customers usually are not. In the 1980s and 1990s, many state and local govern- ments have sought to end this double standard by enacting laws that target customers of prostitutes. This legislation has also been triggered by residents of local communities who have grown tired of enduring the presence of customers who visit their neighborhoods. These so- called anti-john laws seek to discourage customers by impounding their cars, and, in some cases, notifying their spouses of their arrest. Many police departments have also inc reased their use o f police decoys— officers disguised as prost itut es who lure unsuspecting customers into arrest. In addition, customers who have been arrested may find their names listed in thelocalnewspaperorphotographs broadcast on a local cable television station. It is unlikely that prostitution will be leg alized or decriminalized because few politicians would relish being associated with so morally explosive an issue as commercial sex. It is also unlikely, given prostitution’s persistence throughout history, that efforts by law enforcement to prosecute prostitutes and their customers will bring an en d to prostitution. FURTHER READINGS Kuo, Lenore. 2002. Prostitution Policy: Revolu- tionizing Practice through a Gendered Perspective. New York: New York Univ. Press. Law, Sylvia A. 2000. “Commercial Sex: Beyond Decriminalization.” Southern California Law Review 73 (March). Lefler, Julie. 1999. “Shining the Spotlight on Johns: Moving toward Equal Treatment of Male Customers and Female Prosti- tutes.” Hastings Women’s Law Journal 10 (winter). CROSS REFERENCES Feminist Jurisprudence; MacKinnon, Catharine. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PROSTITUTION 173 prostitutes from these services have some measure of control over their lives. Some escort services cater to high-profile clients. During the 1990s, the Hollywood madam Heidi Fleiss grabbed media attention when she was charged with running a prostitution ring. Among her alleged clients was actor Charlie Sheen. Using escort services has ruined the careers of others. For instance, former New York governor Eliot Spitzer in 2008 was accused of paying a call girl as much as $1,000 per hour. One week after the allegations first emerged, Spitzer resigned. FURTHER READINGS Clements, Tracy M. 1996. “Prostitution and the American Health Care System: Denying Access to a Group of Women in Need.” Berkeley Women’s Law Journal 11. Conant, Michael. 1996. “Federalism: The Mann Act, and the Imperative to Decriminalize Prostitution.” Cornell Journal of Law and Public Policy 5 (winter). Feuer, Alan. 2008. “Four Charged with Running Online Prostitution Ring.” New York Times. Springfield, Ill.: C. C. Thomas. Flowers, R. Barri. 2001. Sex Crimes, Predators, Perpetrators, Prostitutes, an d Vic tims: A n E xaminatio n of S exual Crimi- nality and Victimiza tion. Springfield,Ill.:C.C.Thomas. Hanna, Cheryl. 2002. “Somebody’s Daughter: The Domestic Trafficking of Girls for the Commercial Sex Industry and the Power of Love.” William & Mary Journal of Women and the Law 9 (fall). Hauge, Carol H. 1995. “Prostitution of Women and International Human Rights Law: Transforming Ex- ploitation into Equality.” New York International Law Review 8 (summer). Kuo, Lenore. 2002. Prostitution Policy: Revolutionizing Practice Through a Gendered Perspective. New York: New York Univ. Press. Lucas, Ann M. 1995. “Race, Class, Gender, and Deviancy: The Criminalization of Prostitution.” Berkeley Women’s Law Journal 10. McCoy, Amy. 2002. “Children ‘Playing Sex for Money’:A Brief History of the World’s Battle against the Commercial Sexual Exploitation of Children.” New York Law School Journal of Human Rights 18 (summer). CROSS R EFERENCES Criminal Law; Sex Offenses; Vice Crimes. PROTECTIONISM See IMPORT QUOTAS. PROTECTIVE CUSTODY Protective custody is an arrangement whereby a person is safeguarded by law enforcement authorities in a location other than the person’s home because his or her safety is seriously threatened. When a witness to a crime is intimidated not to testify because the alleged perpetrator and/or associates have threatened physical violence against the witness or the witness’s family, law enforcement authorities have the ability to offer the witness protective custody. Protective custody may last only until the end of a trial, or it may last for several years. State and federal govern- ments operate witness protection programs that provide assistance to those who wish to cooper- ate but who are afraid of physical retaliation. Until the 1960s, law enforcement used protective custody infrequently. Federal prose- cution of ORGANIZED CRIME figures led to the offering of witness protection to key govern- ment informers. In 1964 Joseph Valachi became the first La Cosa Nostra member to publicly testify to the existence of the organized crime group, appearing before a congressional com- mittee. Valachi, who was facing the death penalty, agreed to testify in return for personal protection. He was held in solitary confinement for protection and given $15 a month. Since the 1970s the Federal Witness Security Program (18 U.S.C.A. § 3521) has grown in size. The program is used to fight organized crime, TERRORISM, gang-related crime, and nar- cotics trafficking. As of 2008 more than 7,500 witnesses and more than 17,000 total partici- pants had become part of the program. According to the U.S. MARSHALS SERVICE, those in the witness protection program have helped to convict more than 10,000 criminals. Under the program, the U.S. attorney general is authorized to offer security to key witnesses who have physical safety concerns. The program, which is administered by the U.S. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. SOURCE: Federal Bureau of Investigation, Crime in the United States, 2007. Number of arrests 1998 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 2007 Year 50,082 39,081 Prostitution Arrests, 1998 to 2007 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 174 PROTECTIONISM MARSHALS SERVICE, provides a new SOCIAL SECURITY number and other documents to enable the person to establish a new identity. It also provides housing, transportation of hous ehold goods to a new residence, payments to meet basic living expenses, employment assistance, and other services necessary to assist the person in becoming self-sustaining. The witness’s immediate family or a person closely associated with the witness may be provided similar assistance under the program. In return for this assistance, the witness and family members over 18 years of age must each sign a memorandum of agreement. The witness must agree to testify and provide information to law enforcement officials. In addition, the person must agree not to commit any crime and to take all necessary steps to avoid detection. Most witnesses remain in the program for two years before pursuing their new lives on their own. Many states have adopted similar programs for witnesses. This type of protection, however, has come under increased scrutiny. Because witnesses who are convicted criminals are given new identities and moved to new locations, local law enforcement agencies have no knowl- edge that potentially dangerous persons are in their communities. MURDER and other serious crimes have been committed by persons assisted through witness protection. These programs have also been challenged because a number of high-profile criminals have received favorable treatment. Some drug dealers have been allowed to keep their narcotics- generated money and have avoided prison in return for their testimony against others involved in drug trafficking. Critics argue that it makes no sense to have the government pay to relocate drug dealers and to ensure their safety. Defenders of the program argue that this is a necessary price to pay to convict more powerful crime figures. In several states, witness protection pro- grams are grossly underfunded. For instance, Colorado’s program as of 2007 had an annual budget of only $50,000. When a witness and his fiancée were murdered in 2005, the system came under fire. However, the state did not take immediate steps to find a remedy for the problem. The California program likewise has Hollywood Madam T B he Los Angeles prostitution prosecution and conviction of Heidi Fleiss, dubbed the Hollywood Madam by the press, raised issues that went beyond the sensational elements of the case. Feminist groups criticized Los Angeles prosecutors for continuing the familiar pattern of targeting female prostitutes while ignoring their male customers. Heidi Fl eiss, the daughter of a prominent California pediatrician and a schoolteacher, was arrested in June 1993 for running an expensive call- girl business. Fleiss was charged with pandering, or providing prostitutes to customers. It was alleged that seventy women worked for her and that her clients included Hollywood actors, U.S. politicians, and rich foreign businessmen. The tabloid press had made Fleiss a minor celebrity before her arrest by occasionally discuss- ing her and publishing photographs of her. H er notoriety led the Los Angele s police to conduct a “sting” operation, in which an officer posed as a customer, hiring prostitutes at a rate of $1,500 each for a supposed party. W hen the women arrived for the party, they and Fleiss were arrested. In the months that followed, titillating details emerged about Fleiss and her al leged customers. At one point Fleiss offered to reveal the names of the wealthy men who used her s ervices if she was paid $1 milli on. As the case neared tria l, her attorney alleged that Fleiss had been selectively prosecuted and that her male customers, whose names were in her address book, would not be charged with any crimes. The judge dismissed Fleiss ’s arguments, and she was convicted of panderi ng on December 2, 1994. The Los Angeles chapter of the National Organization for Women and some feminists charged that the failure to pro secute the rich and powerful customers demonstrated the double stan- dard at work in the criminal justice system regarding prostitution offenses. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PROTECTIVE CUSTODY 175 suffered from funding programs. In California, a witness receives little more than one month’s rent and moving expenses. Witness protection programs also exist in prisons. To protect witnesses serving a prison sentence, the federal government has created witness protection units within federal prisons. Protected witnesses live a more comfortable life than other prisoners, which includes having free and unlimited access to telephones and CABLE TELEVISION and the ability to use their own money to buy food, appliances, jewelry, and other items. Aside from these witness protection pro- grams, prisons also have protected custody units for inmates who are targets of ASSAULT or victims of SEXUAL HARASSMENT. Although conditions vary greatly in protected custody units from one institution to another, life is more restricted than in the general prison population. Some large prisons have separate protective custody facilities, but in most jails and prisons an inmate has protective custody status while housed in administrative SEGREGATION. This means that the inmate is restricted to his cell twenty-three hours a day and must take meals there as well. The United States has assisted other nations in establishing witness protection programs. During the early 2000s, the U.S. Marshals Services began assisting about a dozen countries to create these programs. The effort extended from Western Europe to Asia and involved governments that wanted to intervene in drug cartels, criminal GANGS, human trafficking operations, and terrorists groups. FURTHER READINGS Earley, Pete, and Gerald Shur. 2003. Witsec: Inside the Witness Protection Program. New York: Bantam. Johnson, Kevin. 2007. “Witness Protection Program Gets Exported.” USA Today. Hart, Pamela E. 2009. “Falling through the Cracks: The Shortcomings of Victim and Witness Protection under § 1512 of the Federal Victim and Witness Protection Act.” Valparaiso University Law Review. Winter. U.S. Government Manual Website. Available online at http:// www.gpoaccess.gov/gmanual/ (accessed May 30, 2009). United States Marshals Service. “Witness Protection Ser- vices.” Available online at http://www.usmarshals.gov/ witsec/index.html (accessed May 30, 2009). PROTECTIVE ORDER A court order, direction, de cree, or command to protect a person from further harassment, SERVICE OF PROCESS , or discovery. A protective order can limit the time and place where a deposition can be taken, restrict the inspection of documents in the possession of a party, or regulate or modify the enforce- ment of a judgment. PROTECTORATE A form of international guardianship that arises under INTERNATIONAL LAW when a weaker state surrenders by treaty the management of some or all of its international affairs to a stronger state. The extent of the reciprocal rights and duties between the protecting state and the protected state depends upon the terms of the treaty and the conditio ns under which other states have recognized the protectorate. Although it loses some of its independence, the protected state still exists as a state in INTERNATIONAL LAW and may avail itself of some of the rights of a state. Its diplomatic representatives may still enjoy normal immunities within the courts of other states, for instance, and a treaty concluded by the protecting state with a third state is not necessarily binding on the protected state. Some agencies of the U.S. government, such as the ENVIRONMENTAL PROTECTION AGENCY, still use the term protectorate to refer to insular areas of the United States such as Puerto Rico and the U.S. Virgin Islands. However, the agency responsible for the administration of those areas, the Office of Insular Affairs (OIA) within the United States DEPARTMENT OF INTERIOR, exclusively uses the term “insular area” rather than protectorate. PROTEST A protest is a formal statement or action expressing dissent or disapproval; under some circumstances, a protest is lodged to preserve a claim or right that would be waived unles s a negative opini on was expressly voiced. Debtor Protests A formal statement made by a debtor, usually in writing, disputing a debt’s legality or validity but agreeing to make payment while reserving the right to recover the amount at a later time. The disputed debt is described as under protest. Noting Protests A noting or initial protest is a memorandum made on a dishonored instrument, with a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 176 PROTECTIVE ORDER notary’s initials, date, and the amount of charges, together with a statement of the cause of dishonor, such as no effects, not advice,orno account. The notes are added to charge the memory of the notary and should be done on the day of dishonor. Taxpayer Protests Taxes paid under protest may be recovered by the taxpayer only when there is an applicable statute so providing, and there has been strict compliance therewith. Courts will revi ew a taxpayer protest to determine whether the taxing authority acted in GOOD FAITH. Taxpayer protests will be dismissed when they are not stated with sufficient specificity, are not con- nected to a cognizable legal injury, or are not pursued in a timely manner. Customs Protests In customs cases , a protest is the complainant’s PLEADING that marks the beginning of an action against the United States in the court of appropriate jurisdiction. A customs protest in its inception seeks administrative relief, but upon denial of such relief, the customs protest becomes the initial pleading in a judicial proceeding. International Protests An international protest is a formal communi- cation from one international actor to another objecting to the latter’s conduct as violating INTERNATIONAL LAW . Patent Protests A patent protest is a proceeding in the U.S. PATENT AND TRADEMARK OFFICE to determine patentability of an invention after the invention has challenged in a petition. Political Protests A political protests is a method by which individuals express their opposition to some- thing, whether it is a government policy, rule, or regulation, a business rule or practice, a religious precept or practice, or any other part of society or culture the protestor finds objectionable. Political protests are typically undertaken by groups of persons organized to forcefully express their opinion in public so as to effect change. Depending on the time, place, and manner of a political protest, it may receive more or less FIRST AMENDMENT protection. PROTHONOTARY A title given to the principal clerk of a court. PROTOCOL A brief summary; the minutes of a meeting; the etiquette of diplomacy. Protocol refers to a summarized document or the minutes of a meeting that are initialed by the parties present to indicate the accuracy of the document or minutes. Protocol is a section of the DEPARTMENT OF STATE that is responsible for advising the government, the president, the vice president, and the SECRETARY OF STATE on matters of diplomatic procedure governed by law or international custom and practic e. Protocol is the method of officially ranking or rece iving government officials. PROVINCE The district into which a country has been divided; as, the province of Ontario in Canada. More loosely, a sphere of activity or a profession such as medicine or law. PROVISIONAL Temporary; not permanent. Tentative, contingent, preliminary. A provisional civil service appointment is a temporary position that fills a vacancy until a test can be properly administered and statutory requirements can be fulfilled to make a permanent appointment. PROVISO A condition, stipulation, or limitation inserted in a document. A condition or a provision in a deed, lease, mortgage, or contract, the performance or nonperformance of which affects the validity of the instrument. It generally begins with the word provided. A proviso clause in a statute excepts something from statutory requirements, quali- fies the statute, or excludes some potential area of misinte rpretation. PROVOCATION Conduct by which one induces another to do a particular deed; the act of inducing rage, anger, or GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION PROVOCATION 177 . “otherwise infa- mous” crimes, with the exception of crimes arising out of active military service. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 1 68 PROPOUND In most criminal cases, the prosecutor. instrument, with a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 176 PROTECTIVE ORDER notary’s initials, date, and the amount of charges, together with a statement of the cause of dishonor, such. some potential area of misinte rpretation. PROVOCATION Conduct by which one induces another to do a particular deed; the act of inducing rage, anger, or GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD