Unenforced law

Last updated

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. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them. [3] The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced. [4]

Contents

Overview

Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement. [5] 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. [6] Automated traffic enforcement cameras may still issue fines in these circumstances in some jurisdictions. [7]

Although incest is illegal in many European countries, it is generally not enforced if between two consenting adults. [8]

Symbolic laws typically attempt to persuade rather than enforce, punish or prevent. [9] [4] For example, until the relevant statute was repealed in 2013, adultery was prohibited by law in the US state of Colorado, but no criminal penalty was specified.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]

In the United Kingdom, under the Treason Felony Act 1848, it is a crime punishable by life imprisonment or death to advocate for the creation of a republic in print, even peacefully. [12] 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. [13]

See also

Related Research Articles

A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.

<span class="mw-page-title-main">Treason</span> Crime of betraying ones country

Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.

Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship.

<span class="mw-page-title-main">Indecent exposure</span> Public indecency involving nudity

Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different countries. It ranges from outright prohibition of the exposure of any body parts other than the hands or face to prohibition of exposure of certain body parts, such as the genital area, buttocks or breasts.

<span class="mw-page-title-main">Bigamy</span> Act of having two concurrent marriages

In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws.

<span class="mw-page-title-main">Sodomy laws in the United States</span> Aspect of United States law

The United States has inherited sodomy laws which constitutionally outlawed a variety of sexual acts that are deemed to be illegal, illicit, unlawful, unnatural and/or immoral from the colonial-era based laws in the 17th century. While they often targeted sexual acts between persons of the same sex, many sodomy-related statutes employed definitions broad enough to outlaw certain sexual acts between persons of different sexes, in some cases even including acts between married persons.

Decriminalization or decriminalisation is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine. This reform is sometimes applied retroactively but otherwise comes into force from either the enactment of the law or from a specified date. In some cases regulated permits or fines may still apply, and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies. The reverse process is criminalization.

Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.

The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States. The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.

The crime against nature or unnatural act has historically been a legal term in English-speaking states identifying forms of sexual behavior not considered natural or decent and are legally punishable offenses. Sexual practices that have historically been considered to be "crimes against nature" include masturbation, sodomy and bestiality.

Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by names such as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.

<span class="mw-page-title-main">Loitering</span> To remain in a place without an apparent purpose

Loitering is the act of standing or waiting around idly without purpose in some public places.

<span class="mw-page-title-main">Revised Penal Code</span> Criminal code of the Philippines

The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No. 3815, and some Philippine criminal laws have been enacted outside of the Revised Penal Code as separate Republic Acts.

Knife legislation is defined as the body of statutory law or case law promulgated or enacted by a government or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, transfer, possession, transport, or use of knives.

<i>Posse comitatus</i> Aspect of common law

The posse comitatus, frequently shortened to posse, is in common law a group of people mobilized by the conservator of peace – typically a reeve, sheriff, chief, or another special/regional designee like an officer of the peace potentially accompanied by or with the direction of a justice or ajudged parajudicial process given the imminence of actual damage – to suppress lawlessness, defend the people, or otherwise protect the place, property, and public welfare. The posse comitatus as an English jurisprudentially defined doctrine dates back to ninth-century England and the campaigns of Alfred the Great simultaneous thereafter with the officiation of sheriff nomination to keep the regnant peace. There must be a lawful reason for a posse, which can never be used for lawlessness.

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are deemed to be "illegal", "illicit", "unlawful", "unnatural" and/or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.

<span class="mw-page-title-main">Crimes Act 1961</span> Act of Parliament in New Zealand

The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.

Criminal possession of a weapon is the unlawful possession of a weapon by an individual. It may also be an additional crime if a violent offense was committed with a deadly weapon or firearm.

<span class="mw-page-title-main">Crimes Act of 1825</span> U.S. federal law

The Crimes Act of 1825, formally titled An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, was the first piece of omnibus federal criminal legislation since the Crimes Act of 1790. In general, the 1825 act provided more punishment than the 1790 act. The maximum authorized sentence of imprisonment was increased from 7 to 10 years; the maximum fine from $5,000 to $10,000. But, the punishments of stripes and pillory were not provided for.

Adultery laws are the laws in various countries that deal with extramarital sex. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, especially in the case of extramarital sex involving a married woman and a man other than her husband, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries repealing them.

References

  1. "Symbolic law definition". Law Insider.
  2. "Dead Letter Law and Legal Definition". USLegal.
  3. Modern criminal law; Wayne R. LaFave; P 53
  4. 1 2 Fieschi, Catherine (2006-02-26). "Symbolic laws". Prospect Magazine. Retrieved 2021-04-26.
  5. The legal system: a social science perspective retrieved 29 January 2012
  6. Law Without Values: The Life, Work, and Legacy of Justice Holmes retrieved 29 January 2012
  7. Alpert, David (August 2, 2012). "What is the right level for speed camera fines?". ggwash.org. Retrieved 2021-02-01.
  8. "Geschwisterpaar bringt Inzest-Verbot ins Wanken" (in German). 22 May 2011.
  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. Clare Dyer (June 27, 2003). "Guardian vindicated in treason case". The Guardian. London.
  13. R. (Rusbridger) v. Attorney General [2003] UKHL 38; [2004] AC 357; [2003] 3 All ER 784.