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Malum prohibitum is that which is "wrong" only because it's been made illegal.
Malum in se is that which is "wrong" because it is inherently evil.
I'd say a good half of our laws are malum prohibitum in nature.
Great forum discussion. I'd have to say i'm in agreement with most so i cannot argue , but here's a Milton Friedman qoute in regards to Lawlessness and Crime;
"The more laws there are to break, the harder it is to prevent them from being broken, not only because law enforcement means are inadequate but, even more, becausea larger and larger fraction of the laws fail to command the allegiance of the people. You can rigidly enforce only those laws that most people believe to be good laws, that is, laws that proscribe actions that they would aviod even in the absence of laws. When laws render illegal action that many or most people regard as moral and proper, they can be enforced only by brute force" - Milton Friedman (Essay's in Public Policy)
Not really, lack of strict punishment for crimes and allowing prisons to become a home for criminals has more to do with it, if prison was a hell hole for these guys they wouldn't want to go back.Prison for me and you is the last place we want to end up and it might deture us from commiting the smallest of crime but for the criminals it's not that bad, food, a bed, TV, thats probably better than they have it on the outside. My nephew went to a low security prison for a year, when he got out he felt lost, he had everything he needed in prison and did nothing to earn it. prisons should be a place people are scared of.
Being politicaly correct with the prisoners is just no good, hard time and NO rights would make some of them rethink things about their lives.
Not really, lack of strict punishment for crimes and allowing prisons to become a home for criminals has more to do with it, if prison was a hell hole for these guys they wouldn't want to go back.Prison for me and you is the last place we want to end up and it might deture us from commiting the smallest of crime but for the criminals it's not that bad, food, a bed, TV, thats probably better than they have it on the outside. My nephew went to a low security prison for a year, when he got out he felt lost, he had everything he needed in prison and did nothing to earn it. prisons should be a place people are scared of.
Being politicaly correct with the prisoners is just no good, hard time and NO rights would make some of them rethink things about their lives.
Maybe modernization is part of the cause.
Roaddog
You came full circle. You make a great point. Our modern society says you can't do this or you are off to the pokey. But our modern society demands that the pokey is so nice that it attracts some people.
Should Government really crack down on all types of crime?
I have noticed a rapid increase in fines and penalties for a variety of so called minor crimes. For example, here in the DC area they have really cracked down on things like: drunk driving, using a car pool lines (without enough drivers), not paying tolls, overdue parking, speeding, etc. The fines and jail sentences for these previously minor crimes has gone sky high. Add this to the zero tolerance rules at schools and it seems to me that our government has decided to really crack down on a variety of laws that were not really enforced before.
I think technology has really made it extremely difficult to be a criminal now days. If you are convicted of a crime this information is kept in a electronic database on the Internet and this makes it extremely difficult to get a job. Mistakes you made as a kid make it hard to get into college. That "it will be part of your permanent record" statement is now a reality.
Should Government crack down and turn America into a big brother country, maybe like Singapore?
I hardly consider drunk driving a minor crime. you put others at risk. I don't think being caught speeding is like a big brother society, but the cameras that take your picture running red lights sure are.
Quote:
Originally Posted by total_genius
I have noticed a rapid increase in fines and penalties for a variety of so called minor crimes. For example, here in the DC area they have really cracked down on things like: drunk driving, using a car pool lines (without enough drivers), not paying tolls, overdue parking, speeding, etc. The fines and jail sentences for these previously minor crimes has gone sky high. Add this to the zero tolerance rules at schools and it seems to me that our government has decided to really crack down on a variety of laws that were not really enforced before.
I think technology has really made it extremely difficult to be a criminal now days. If you are convicted of a crime this information is kept in a electronic database on the Internet and this makes it extremely difficult to get a job. Mistakes you made as a kid make it hard to get into college. That "it will be part of your permanent record" statement is now a reality.
Should Government crack down and turn America into a big brother country, maybe like Singapore?
I hardly consider drunk driving a minor crime. you put others at risk. I don't think being caught speeding is like a big brother society, but the cameras that take your picture running red lights sure are.
Enforcing DUIs are one thing. But DC has almost gone to far. Enforcing DUIs on people with any alcohol in their system and on and on. I could cite examples, but don't feel like moving my ass to get my copy of Nanny State, check it out, good read.
Have you ever seen anyone really stoned out on Marijuana ? You wouldn't want one of you kids driving beside someone that was.
Make it leagal and you will start to see as many arrested for Marijuana use while driving as you see now for drinking.
Okay. So basically what you're saying is that marijuana impairs almost as badly as Johnny Walker or Budweiser. So we should outlaw alcohol, too? Seems like we tried that already, and it was a total disaster--creating a lot more problems than it solved.
So if there's rough equivalency between marijuana and alcohol, why are the penalties for marijuana so much harsher? According to the National Institutes of Health, marijuana is not addictive, impairs less than alcohol, and causes much less long-term physical damage. But because some shrill advocacy group 70 years ago decided to kick up a fuss about pot, we're having to pay the price in curtailed civil liberties, larger prison populations, and more expense to the taxpayer.
Let me put it this way. If you drive impaired, whether it be on pot, booze, or Dayquil, you should face some kind of penalty. But if you enjoy a doobie in the safety and comfort of your own home, how on earth is this the business of the state?
As our society has modernized and become much more complex, has that caused people who would otherwise not been criminals to fall into what we as a society deem criminal behavior?
We have a bunch of really crowded prisons and a packed criminal justice system. Do we just pop people in there to get them out of our way to progress?
I think it's got more to do with our inability to deal with mentally ill. If not proven a danger to themselves or others, they let them loose on the street to fend for themselves. Then they become LE and courts problem instead of a hospital. Shuffle to st elsewhere infinately, and there's no real help offered by western medicine.
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, but here's a Milton Friedman qoute in regards to Lawlessness and Crime;
Should Government really crack down on all types of crime?
