The overcriminalization issue in America is reflected in absurd laws
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Lists of ridiculous legislation in the US abound on the internet. It can be entertaining to wonder what the legislators who passed this absurd legislation thought when they did so. A Twitter account even goes so far as to share a daily absurd federal felony. Though it provides a welcome comic relief, these absurd regulations are a sign of a larger issue in the US: overcriminalization. True, these absurd rules are rarely applied. However, we are unable to know them all because there are so many at the local, state, and federal levels. Conversely, it is likewise impractical to implement every single one of these laws. As an alternative,
Law enforcement personnel have to make decisions about which are crucial and which are not. As a result, since they are the ones determining which laws are truly important, they choose the rules that Americans actually have to abide by. It makes sense that a lot of people believe that laws are applied inconsistently and unfairly. They have to be, in part, because there are so many laws in existence.
Electing politicians to update the criminal code and repeal outdated legislation is one way to address this issue. However, that wouldn’t solve the entire issue. Regulations developed by unelected government bureaucrats at the federal, state, and municipal levels own the same legal weight and, should you violate any one of them, can make you a criminal. They can also be just as ridiculous as laws passed by lawmakers.
For instance, it is illegal for anyone to eat a frog that was used in a frog-jumping competition according to 1957 legislation in Florida. It’s against the law to fish in Indiana with just your hands. Michigan regulations stipulate that rental boats must have “sturdy construction and no holes,” and barbershops must be dust-free. Additionally, be sure to include your state-issued bingo licence number in the advertisement if you wish to promote a legitimate game of bingo. Make sure to use the same font size for all of the other content in the advertisement.
It may appear innocuous to follow these absurd regulations. Either they are willfully disregarded (every barbershop has a tiny amount of dust), unnecessary (boats without holes), or impossible to implement (bare-handed fishing). In fact, it makes sense for law enforcement to ignore these regulations as doing so would be extremely expensive and add little to the benefit of public health and safety.
This does not, however, negate the possibility of criminal prosecution should we break these laws. They still have the full force of the law, regardless of how out of date or absurd they may be.
We give law enforcement more authority by allowing so many of these to remain unaccounted for, giving them ample opportunity to accuse individuals of breaking various laws and regulations. Although we can trust law enforcement officials to uphold moral standards, there is a chance that these regulations could be abused.
Another unintended consequence of America’s overcriminalization is a sharp decline in public respect for the law. Laws lose their weight when they are disregarded or not upheld regularly. This educates people that the state’s decision to enforce the law, which is decided by the people holding office, is more important than the law itself. Thus, rather than being a nation governed by rules, we are gradually becoming into a nation ruled by politicians and the bureaucrats they employ.
Additionally, excessive criminalization hinders and stifles technological progress. Innovation frequently originates from experimentation and pushing the envelope of what is feasible by dreamers, tinkerers, and inventors. But innovators face the risk of turning become criminals if they try anything new because there are so many active laws and regulations in existence. If you want to attempt something new and avoid running the risk of facing criminal charges in our overly criminalised society, you must first obtain permission from the government. This drives up the price of technical advancements and deters innovators.Resolving the issue of excessive criminalization won’t be simple. Over the past few decades, criminalising behaviour has become a go-to tactic for federal and provincial governments looking to “fix” societal ills. Additionally, they have given bureaucrats the regulatory code’s authority to do the same. Legislators must cease introducing pointless offences and begin a comprehensive examination of existing regulations. Rebuilding a system of justice and a sense of respect for the law will take time and effort, but it is the only option.
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