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Maintenance of “The Law” February 19, 2009

Posted by Sanity in law, Politics.
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1 comment so far

Lady Justice’s arm is tired (The one holding the scales of justice and a sword wearing a blindfold).  The scales of justice no longer have a single pivot point and one side is so weighted down with laws that trump each other and precedent that probably could allow anything to be proved.

There are many laws that cause more problems that they solve: unenforceable laws, outdated laws and hate-crimes laws.

I will address each area in my list, but “Why” do I think these are so dangerous?  People are losing confidence because more and more crimes are becoming commonplace because “What can anyone do about it?”  During the 2008 primaries, a couple candidates flaunted a “flat tax” to simplify the whole system.  I propose the same thing for laws.  For instance, traffic laws can vary massively from state to state to county to Small Town U.S.A.  There should be “national” traffic laws with State right to “add to” but, unless the are local conditions that justify that law, the law should be evaluated nationally.  I should be able to drive circles around the country and not be stopped for laws I couldn’t possible be aware of.  Simplicity!

Now, first, unenforceable laws.  Tragedies happen or desires occur to try to solve a “problem” and bad laws are written, but individual police officers have no ability to enforce the law or they see that everyone is guilty of the law.  I would classify some of these laws as simply “poorly thought or poorly worded”.  I’ll try to supply some examples soon.  Next is outdated laws.  San Antonio has/had a law against carrying wire cutters which was a tactic against cattle rustling.  Anyone see a headline of the reemergence of this crime lately?

Finally, and deserving its own paragraph are hate crime laws.  No, I’m not condoning hate crimes.  Hate is hate, murder is murder, and crime is crime.  There are different levels of punishment for each crime depending on criminal history, severity of the crime, etc.  If ## years will not rehabilitate a criminal, ## + 5 years will no do any better.  If the maximum is not enough, then change that amount based on the circumstances.  I am against hate crime legislation as a poor attempt to persuade immature cretins to be mature about who they pick on.  Hence it is “not as bad” to harass, beat up or kill a straight white kid that is not part of a “protected group”.  If a behavior is to not be tolerated, it should be FOR EVERYONE.  I am very certain my childhood bullies, and high school bullies, and adult life bullies, would find any reason they could to harass me.  Outlaw one reason, they would find another.

So, the point is, more and more laws are made to solve problems while lawyers have more “precedent” and laws to use to their advantage.  It should be a portion of every lawmaker’s responsibility to revisit old laws, assess their effectiveness and current/future relevance, and cleanup the list to avoid conflicting and confusing laws or laws that have not improved or prevented anything.  Junior Senators and Representatives should spend even more time doing this before introducing more of their own laws without the experience or knowledge of what has already been attempted.