Unenforced law

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An unenforced law (also symbolic law, [1] dead letter law) [2] is a law which is formally in effect ( de jure ), but is usually ( de facto ) not penalized by a jurisdiction. [3] Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them. [4] The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced. [5]

Contents

Overview

Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement. [6] There are also circumstances in which an otherwise enforced law is not; for example, speeding in a motor vehicle is illegal in most jurisdictions, however law enforcement may choose to ignore motorists who only slightly exceed the legal speed limit. [7] Automated traffic enforcement cameras may still issue fines in these circumstances in some jurisdictions. [8]

Symbolic laws typically attempt to persuade rather than enforce, punish or prevent. [9] [5] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified. [10] In Maryland, adultery is prohibited, however the statutory criminal penalty is limited to a $10 fine. [11]

Anti-marijuana regulations in the USA present another large example of unenforced laws. While Federal Law prohibits possession, cultivation or intrastate distribution of cannabis, [12] the US government generally does not enforce these laws in States, which legalized marijuana products. [13]

In the United Kingdom, under the Treason Felony Act 1848, it is a crime punishable by life imprisonment to advocate for the creation of a republic in print, even peacefully. [14] The Law Lords' interpretation of the later Human Rights Act 1998, however, has ensured that this law is unenforced, on the grounds that peaceful advocacy of a republic is protected speech. [15]

See also

References

  1. ↑ Gunnlaugsson, Helgi; Galliher, John F. (December 2010). "Drug Globalization: Eventual Legalization of Beer in Iceland and Marihuana Decriminalization in the USA". Journal of Scandinavian Studies in Criminology and Crime Prevention. 11 (2): 119–134. doi:10.1080/14043858.2010.523553.
  2. ↑ Junker, John M. (1971). "Criminalization and Criminogenesis". UCLA Law Review. 19: 697.
  3. ↑ Keedy, Edwin R. (January 1922). "Administration of the Criminal Law". The Yale Law Journal. 31 (3): 240–262. doi:10.2307/789043. JSTOR   789043.
  4. ↑ Modern criminal law; Wayne R. LaFave; P 53
  5. 1 2 Fieschi, Catherine (2006-02-26). "Symbolic laws". Prospect Magazine. Retrieved 2021-04-26.
  6. ↑ The legal system: a social science perspective retrieved 29 January 2012
  7. ↑ Alschuler, Albert W. (2001). Law without values: the life, work, and legacy of Justice Holmes (Nachdr. ed.). Chicago: University of Chicago Press. p. 141. ISBN   9780226015217.
  8. ↑ Alpert, David (August 2, 2012). "What is the right level for speed camera fines?". ggwash.org. Retrieved 2021-02-01.
  9. ↑ Law as symbolic form Deniz Coskun
  10. ↑ "Bill to repeal of Colorado adultery law signed". The Denver Post. Associated Press. 2013-03-22. Retrieved 2021-04-26.
  11. ↑ "Crimes Against Marriage | The Maryland People's Law Library". www.peoples-law.org. Retrieved 2021-04-26.
  12. ↑ https://www.congress.gov/crs-product/IF12270
  13. ↑ https://www.mpp.org/issues/legalization/state-marijuana-regulation-laws-are-not-preempted-by-federal-law/
  14. ↑ Clare Dyer (June 27, 2003). "Guardian vindicated in treason case". The Guardian. London.
  15. ↑ R. (Rusbridger) v. Attorney General [2003] UKHL 38; [2004] AC 357; [2003] 3 All ER 784.


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