Please expound, because, I don’t follow. I disagree that the simple fact that a majority of people, myself included, have broken the law doesn’t make the law wrong. In a vast majority of cases, the laws are there to protect people, property, or law. There are certainly stupid laws, like sodomy between consenting adults or driving while barefoot, so, in a sense there is overcriminalization, but, by and large, the laws are generally necessary. Would you legalize any of the felonies you’ve committed?
Hypothetically, a 21 yr. old who “gave” beer to a 20 yr. old could be charged with a felony. I’d legalize that.
I wouldn’t legalize it, but I certainly wouldn’t make it a felony, either. I don’t see that as overcriminalization, but rather as overpunishmentalism (I know that’s not a word, but it’s fun to type).
Legalize was definately a bit overboard on my part. I’d agree with your last post—a fine at best.
Overpunishmentalism. You’re right. That was fun.
Even back in the day? I’m talkin’ the early to mid-'70s when I was partaking of the herb regularly.
And the cigarette thing…Don’t get me started.
I won’t. (birdmonster raises “solidarity fist”)
Is it harmful? Is selective enforcement and prosecution really bad?
Or is there some wisdom in making some behaviour illegal, but only going after it legally when it becomes a problem?
I don’t think the question is so clear-cut.
Note: I’m not saying that I disagree, just that it’s not clear cut. So no pile-ons!
Good lord, Bricker. I’ve seen your politics on this board. You’re a lawyer. You have no criminal record. Are you on the GOP roster for presidential candidates in '08, and if not, why not? You’re a shoo-in.
She was my spouse. We honeymooned by flying into Miami and driving up the eastern seaboard, stopping at various bed-and-breakfasts along the way.
There’s the small matter of not having held political office.
But I do intend to run for the Virginia General Assembly in the not-too-distant future. So that’s a start…
Just wait til the press comes asking us dopers what we know about you.
Whoa, Nelly! 
Is there a simple rule to tell a felony from a misdemeanor? 'Cause I don’t honestly think I have committed a felony.
No, no pile-on, but I think selective prosecution leaves us open to the possibility of abuse. At the extreme, it becomes possible to get someone you don’t like for something, no matter how blameless a life they have led.
I am sure, no matter where on the political spectrum any of us fall, we can think of an unjustified use of gray areas in the law to prosecute politicians that we think essentially blameless.
Not that this can always be avoided - there are always gray areas, and prosecutorial discretion is pretty much necessary - but the potential for abuse is always there, and should (IMO) be minimized.
Regards,
Shodan
You honeymooned in Fayetteville? This is the state with the Smoky Mountains and the Outer Banks, and you honeymooned in Fayetteville? :dubious:
Ahem. Fayetteville it was; A Fayetteville article you shall receive. Obviously, I’m not asking for details of your marital relationship, but you can see how easy it used to be to become a felon in North Carolina.
Fayetteville?
Daniel
there is a flip side to overcriminalization: viz, other day a cab driver from an out of town co. drops me off, and says that wltho he may legally take a dispatched (radio) call in town, he caught a misdemeanor (not a traffic tic) for picking a fare up at the curb on the way out of town.
Had a buddy whose pops was a cop–guy says, no worries mate, my dad will make a phone call, you go to court, the arresting officer will no-show.
In the event, it went down smooth, case dismissed.
While expressing my indignation at the bad social policy (the guy is driving anyway, why not cut down on resource use by having him carry a fare…?) I stumbled on the fact that the practyical outcome of the (obviously stupid law) was to provide an “inventory” of favors that could, with no serious bad consdqences for the public weal) be dispensed by the cops and those connected to them.
In other words, it encourages corruption to have laws on the books where the only complaining witness is a cop–ie, no victim in sight.
Cheating on your income taxes is a felony. And, anyone here who has filed for several years has cheated, I have no doubt of it. That $20 bill you found on the sidewalk? You really reported it on line 21? :dubious:
Those who have gambled- you really reported all your winnings on line 21, and your losses on Schd A? (in theory that’s how it’s supposed to go, with just each “session” being netted. So, if there ever was a trip or a “scratch off” that you won on, it should be reported. No one does, of course- and in reality they shouldn’t.)
Of course, in reality, a violation of Federal Income Tax laws must be very severe and there must be quite a large element of “willful & knowingly”, so no one is going to jail for that $20 bill. But- it’s still illegal.
Bricker- I may buy that you may not have willfully & knowingly commited any felonies, but you know the morass of Federal law better than I do. Everyone has commited multiple violations of Federal laws. Many of which can carry a sentence of 1 year + in a Federal pen, thus can be classified as a “felony”.
Myself- I know that I have done several things sexually which were illegal in other states (such as oral or anal sex)- at least in the not so distant past. But here in CA, they were legal. However, I have made business trips to other states, pre that recent Sodomy SCOTUS dec, and it is quite likely I broke their laws- and enjoyed every minute of it, too. That’s about the only Felonies I have “knowingly & willfully” commited- other than some minor peccadilloes on my 1040. But I have no doubt that somewhere- someplace- I did something which was a federal felony- and didn’t even know it. In fact, just a while ago, I found that I had carried a small pocketknife “there & back again” in my carry on luggage, and forgot about it all along. Felony? No intent, in any case.
- He told me that he was up on charges for assaulting a police officer with a deadly weapon*
not germane to the question at hand,but how was he able to paint with the plunger sticing out of his ass (pace, Abner Louima)
A false tax form when it is obvious the filer just made a mistake is corrected when the IRS simply asks for the difference (be it in the form of you paying them more money or you not not getting as large a refund.)
The IRS’s criminal service division states that its purpose is to after those who willfully and intentionally violate their legal duty of filing a correct form.
Just one stop as we came up the coast – and it was actually not a planned stop. Our honeymoon was Dec 2000, and we changed course because a large snowstorm was coming in. And it’s funny you should say (type?) “Fayetteville” so disbelievingly… five-plus years later, and Mrs. Bricker still gives me grief about our stay in Fayetteville. She loved Savannah; she loved Kissimee; she loved Nags Head. Fayetteville was NOT a favorite.
Locals call it Fayettenam. Ain’t a place you go to hang out on a Friday night.
Daniel
I am here to tell you otherwise. While I grant you I might possibly BECOME a criminal in the case you mention, the truth is I’ve never found a $20 bill on the sidewalk, and I don’t know anyone that has. I found a $5 bill, as a child of ten, but my total income for that year was such that I was not required to file taxes. I found a wallet once with a larger sum of money in it, but that was returned to its owner.
I do report all my gambling winnings, faithfully – I keep careful records for the purpose of deducting my losses. I don’t know who you’re hanging around with, but my frequent Atlantic City travel buddies all do the same thing. There will be at least one trip where I win big enough to get a 1099 from the casino, and having all my records in order makes it easy to handle that in context and not take a big tax hit on it.
NO. “Everyone” has not. I have not. What law are you picturing in the “morass” that I may have broken? Tell me.