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Wakum Mata!
Politcally Incorrect Musings
It was a long trip 
17th-Jun-2009 08:44 am
Muhommad Caraciture
I am home again after being in California for a week. I haven't even STARTED on trying to get caught up on everything that has transpired while I was out and had almost no Net access.

Anyway... it was a long drive. 16 hours, in fact.

On the drive back, some people were driving SPECTACULARLY stupid. That got me to thinking about how laws are made in this country.

Drunk driving is a bad thing. In 2000, the US Congress adopted a federal standard of 0.08% BAC ("Alcohol and temperance in modern history"
By Jack S. Blocker, David M. Fahey, Ian R. Tyrrell) as a limit. Before that, the accepted level was 0.1% in most states. Penalties did not increase that much, but it is now far easier to violate the law.

Now, let's look at a recent development in Japan. The Japanese parliament has made even PRIVATE copying of copyright material illegal. In the US, we have the DMCA.

The Federal Register is well over 80,000 pages by now.

The Code of Federal Regulations contains more than 4000 federal crimes in over 27,000 pages.

The point is... YOU ARE A CRIMINAL. You just haven't been charged with a crime yet.

We have made it easier and easier to be a criminal without substantially increasing the penalty for violating the laws. We just allow our legislators to create more laws and lower limits and so forth.

Get that? Lower limits. First there was a BAC of 0.10%. Now it is 0.08%. I expect at some time for it will be lowered again. All this does it make it easier to become a criminal. Where are we going to put all these new criminals? Please please please do not think I am advocating drunk driving. I think it is abhorrent. It SHOULD be punished. I only use it to illustrate my point.

How about instead of making more laws and lowering limits, we just INCREASE THE PENALTY for the existing laws? What if, instead of making copying of your VHS tape to DVD to preserve your legally purchased video illegal, we INCREASE the PENALTY for piracy?

What if, instead of continually lowering BAC limits, we increase the PENALTY for violation? Oh, say, 1st offense, your car is taken away and you are banned from driving a motorized vehicle for a year plus you must attend alcoholic rehabilitation. Second offense? You never drive again in your life and mandatory six months in jail plus alcoholic rehabilitation, and you can no longer hold a public office. Third offense, mandatory five years prison, rehabilitation... etc.

What if the penalty was so harsh that you wouldn't even THINK of violating the law?

Multiple rape offender? Castration. Or maybe even give them sex change then throw them into general population at supermax.

What if execution from death penalty violations was really slow and painful? How about screaming your way to your coffin? I think that might be a deterrent.

Let's get rid of some laws and increase penalties for some others. It will make the hard job police have easier and deter crime. That is a win-win.

Laws don't stop crime.

Penalty for violation does.

UPDATE (3:56PM):
Here is another example. Hawaii intends to ban pocket knives. I ask you, does making law abiding citizens MORE helpless and creating a new criminal class solve the problem?

17th-Jun-2009 05:03 pm (UTC)
"What if execution from death penalty violations was really slow and painful? How about screaming your way to your coffin? I think that might be a deterrent."
Four words prevent any of this from becoming true...

Cruel And Unusual Punishment

No matter what, we cannot punish those who need to be punished because of this stupid configuration of words. Even if someone did rape, torture, and slowly kill a 9 year old child, we can't make the killer suffer! Oh noes! Can't have that...
17th-Jun-2009 08:13 pm (UTC)
Maybe if punishment was more common, it wouldn't be so unusual.
17th-Jun-2009 09:15 pm (UTC)
Oh I hear ya and agree... but the bleeding hearts out there are the ones whose minds you need to change. :)
17th-Jun-2009 05:20 pm (UTC)
I'm a Heinlein fan. I support public flogging and executions. If a speeder knew they were going to get a lash for every MPH over the limit, they'd likely think twice.
17th-Jun-2009 08:12 pm (UTC)
Heinlein for president!

[ so what if he's dead? He can't do a worse job that what we've been electing! ]
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