# What is the most unjust law? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [November 20, 2012, 12:23am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560 "2012-11-20T00:23:10Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [November 20, 2012, 3:18pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/21 "2012-11-20T15:18:27Z")
The Law of Gravity kills the innocent as readily as the guilty. It foments inequality, since it enables the rich to hold more stuff down against the earth. It discriminates on the basis of sex, since ideals of female beauty are much more vulnerable to its pull. It stifles discovery and innovation, by raising the cost and difficulty of seeing what is on top of things. Free Fall At Last! ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [November 20, 2012, 3:21pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/22 "2012-11-20T15:21:44Z")
> [@Lumpy](#): > > Especially civil forfeiture, as used by law enforcement to summarily seize property, often even before any conviction for a crime has happened. Yep, giving police a profit motive is a terrible idea and invites abuse. (these laws often give the local police department a percentage of what they recover) And the owner of the property has the burden to prove it was _not_ purchased with illegal funds. It’s hard to say this is the most unjust, however. Five years in prison for growing a plant would probably be worse than having your house and cars taken. Then again, sometimes they do both. ---
**Author:** ![solosam](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@solosam](https://boards.straightdope.com/u/solosam)\ **Post date:** [November 20, 2012, 5:00pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/23 "2012-11-20T17:00:37Z")
> **[Collecting rainwater now illegal in many states as Big Government claims...](https://www.naturalnews.com/029286_rainwater_collection_water.html)** > > Collecting rainwater now illegal in many states as Big Government claims ownership over our water In many states it is illegal to collect rainwater. Read that again: \* Water\*, the most common substance on the face of the planet, is\* literally falling from the sky\*, and guess what… the government says\* you can’t have any\*. ---
**Author:** ![DMark](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@DMark](https://boards.straightdope.com/u/DMark)\ **Post date:** [November 20, 2012, 5:11pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/24 "2012-11-20T17:11:25Z")
> [@GreasyJack](#): > > I think our “one man, one woman” marriage amendment is the most blatantly unfair law on our books right now. However, at this point it’s not really doing _that_ much practical harm to anyone-- except for some rare cases, it’s just a minor inconvenience (and an insult) to committed same sex couples. Regarding no practical harm? How about the same sex couple who created a business from scratch - one partner dies and the estranged family of the other swoops in to take “their” inheritance - house, business, savings, insurance policies, heirlooms, etc. I have seen this happen in real life, all too often. Even if they had iron-clad contracts, the government will charge very high taxes on any inheritance of the surviving (non-legal) spouse. Or the couple who have been together for years, but one is deported because their visa expired or their Green Card application is denied or they can’t even move into the USA? (But a hetero guy can order a bride online, from Russia, sight unseen, and get married and that is just fine with Immigration and she can become an American citizen in short order…) Adoptions laws vary by state, making family issues a huge problem. Filing for taxes is much different and more costly. Social security benefits and many private business retirement accounts for surviving spouse from deceased spouse are non-existent - causing many surviving spouses to have to sell their homes/businesses. Some hospitals in some states do not allow the same sex spouse any rights - only “immediate family” in times of health crisis. I am sure there are other things I am forgetting off the top of my head, but let’s just say “you don’t know what you’ve got til it’s gone…” and if you were in a same-sex relationship, you would very quickly learn what is gone. ---
**Author:** ![Lanzy](https://avatars.discourse-cdn.com/v4/letter/l/74df32/32.png) [@Lanzy](https://boards.straightdope.com/u/Lanzy)\ **Post date:** [November 20, 2012, 9:11pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/25 "2012-11-20T21:11:58Z")
Laws that throw you in prison for smoking pot. ---
**Author:** ![Cryptic\_C62](https://avatars.discourse-cdn.com/v4/letter/c/3e96dc/32.png) [@Cryptic\_C62](https://boards.straightdope.com/u/Cryptic_C62)\ **Post date:** [November 20, 2012, 9:21pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/26 "2012-11-20T21:21:08Z")
Historical top 5: 1. Slavery. 2. Red scare. 3. Heteronly marriage. 4. Solitary confinement. 5. Japanese internment in WWII. Honorable mention: Legality of cigarettes vs. illegality of other drugs, shrooms and weed in particular. Perhaps not unjust, but certainly inconsistent. ---
**Author:** ![Drain\_Bead](https://avatars.discourse-cdn.com/v4/letter/d/e47774/32.png) [@Drain\_Bead](https://boards.straightdope.com/u/Drain_Bead)\ **Post date:** [November 20, 2012, 11:35pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/27 "2012-11-20T23:35:56Z")
Sex offender registry for juveniles–a bad decision at 14-15 could affect you for decades. Also, the disparity in laws (and sentencing) between crack and powder cocaine. ---
**Author:** ![Qin\_Shi\_Huangdi](https://avatars.discourse-cdn.com/v4/letter/q/f04885/32.png) [@Qin\_Shi\_Huangdi](https://boards.straightdope.com/u/Qin_Shi_Huangdi)\ **Post date:** [November 21, 2012, 12:40am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/28 "2012-11-21T00:40:06Z")
> [@Fear\_Itself](#): > > I suppose there is no way to avoid catastrophic derailing of this thread, though I didn’t expect it so early. But there is no way to call legal abortion unjust on the basis of life beginning at conception, and then turn around a terminate a fetus just because his father is a rapist. If your law against abortion is is just, your exceptions are unjust. Without derailing it, to a certain extent this is a head vs. heart issue for me-reason and justice dictates indeed that the child not be punished for the sins of their fathers especially in this country where the Supreme Court has ruled that it is cruel and unusual punishment to put child rapists to death yet at the same time my gut reaction is against unwillingly forcing women to carry children impregnated by rapists to term. > [@Cryptic\_C62](#): > > Historical top 5: > > 1. Slavery. > 2. Red scare. > 3. Heteronly marriage. > 4. Solitary confinement. > 5. Japanese internment in WWII. > > Honorable mention: Legality of cigarettes vs. illegality of other drugs, shrooms and weed in particular. Perhaps not unjust, but certainly inconsistent. Indian removal probably should near the top , rivalling only perhaps slavery while the internment of Japanese-Americans should be above the Red Scare. ---
**Author:** ![GreasyJack](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@GreasyJack](https://boards.straightdope.com/u/GreasyJack)\ **Post date:** [November 21, 2012, 12:52am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/29 "2012-11-21T00:52:06Z")
> [@DMark](#): > > Regarding no practical harm? > How about the same sex couple who created a business from scratch - one partner dies and the estranged family of the other swoops in to take “their” inheritance - house, business, savings, insurance policies, heirlooms, etc. I have seen this happen in real life, all too often. > Even if they had iron-clad contracts, the government will charge very high taxes on any inheritance of the surviving (non-legal) spouse. > Or the couple who have been together for years, but one is deported because their visa expired or their Green Card application is denied or they can’t even move into the USA? (But a hetero guy can order a bride online, from Russia, sight unseen, and get married and that is just fine with Immigration and she can become an American citizen in short order…) > Adoptions laws vary by state, making family issues a huge problem. > Filing for taxes is much different and more costly. > Social security benefits and many private business retirement accounts for surviving spouse from deceased spouse are non-existent - causing many surviving spouses to have to sell their homes/businesses. > Some hospitals in some states do not allow the same sex spouse any rights - only “immediate family” in times of health crisis. > I am sure there are other things I am forgetting off the top of my head, but let’s just say “you don’t know what you’ve got til it’s gone…” and if you were in a same-sex relationship, you would very quickly learn what is gone. I didn’t say no practical harm. However, other than the immigration and hospital visits (which I would throw into those “rare cases”) those other things are just financial nuisances and/or can be worked around through other legal arrangements. I agree it’s flagrantly unfair that same sex couples have to put up with those nuisances and workarounds while hetero couples don’t, but I think the number of lives destroyed by marriage inequality pales in comparison to the number destroyed by draconian drug laws. ---
**Author:** ![Crafter\_Man](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crafter_man/32/458_2.png) [@Crafter\_Man](https://boards.straightdope.com/u/Crafter_Man)\ **Post date:** [November 21, 2012, 12:53am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/30 "2012-11-21T00:53:03Z")
Making it illegal to own or handle a firearm if you have been convicted of domestic violence. ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [November 21, 2012, 12:58am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/31 "2012-11-21T00:58:33Z")
> [@Crafter\_Man](#): > > Making it illegal to own or handle a firearm if you have been convicted of domestic violence. Or worse, under a court order \* alleging\* domestic violence. ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [November 21, 2012, 1:37am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/32 "2012-11-21T01:37:43Z")
In Cayman we’ve got the criminal offense of **Insulting the modesty of a woman.** And it is [still enforced](http://www.compasscayman.com/story.aspx?id=83233). It is illegal to state an unmarried woman is not chaste… even if she is a mother and never married!?! Obviously you cannot insult the modesty of a man. Boys will be boys. We occasionally have Cuban refugees pass through our waters on the way to Honduras. Cayman’s government has an agreement with Cuba that absolutely no aid will be offered by the government of Cayman Islands. In practice officials also prohibit private citizens to offer basic assistance **including [food and water](http://blogforcuba.typepad.com/my_weblog/2007/03/cuban_refugees_.html).** The one boat referred to in this link got lucky or got some good information, and arrived right at the cruise ship pier on a busy cruise day. They got help. ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [November 21, 2012, 1:53am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/33 "2012-11-21T01:53:32Z")
> [@Lanzy](#): > > Laws that throw you in prison for smoking pot. Which laws would those be? ---
**Author:** ![ducati](https://avatars.discourse-cdn.com/v4/letter/d/cc9497/32.png) [@ducati](https://boards.straightdope.com/u/ducati)\ **Post date:** [November 21, 2012, 2:03am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/34 "2012-11-21T02:03:55Z")
Although I thought the Georgia SC struck this down long ago, it’s still in the codes as of today… § 16-6-18. Fornication An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor. ---
**Author:** ![Lanzy](https://avatars.discourse-cdn.com/v4/letter/l/74df32/32.png) [@Lanzy](https://boards.straightdope.com/u/Lanzy)\ **Post date:** [November 21, 2012, 2:31pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/35 "2012-11-21T14:31:40Z")
> [@Ambivalid](#): > > Which laws would those be? I don’t smoke an do not know “which” laws apply because there are numerous ones that apply, but here is something for you although you seem to imply there arn’t any by your silly arse question. [here](http://norml.org/laws/item/federal-penalties-2) ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [November 21, 2012, 7:20pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/36 "2012-11-21T19:20:19Z")
> [@Lanzy](#): > > I don’t smoke an do not know “which” laws apply because there are numerous ones that apply, but here is something for you although you seem to imply there arn’t any by your silly arse question. > > [here](http://norml.org/laws/item/federal-penalties-2) Are there any statistics on just how many people actually receive prison sentences for simple possession convictions? I can tell you for me personally, it didn’t amount to anything more than a small fine. ---
**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\ **Post date:** [November 21, 2012, 7:38pm UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/37 "2012-11-21T19:38:25Z")
My vote is for [contributory negligence](http://en.wikipedia.org/wiki/Contributory_negligence). It means if you’re involved in an incident and you contributed to it in any way through negligence, you can’t get any compensation. So if you get hit by a car and injured, and you’re deemed to be 10% at fault, you don’t get _any_ compensation from the car driver who is 90% at fault. ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [November 22, 2012, 2:00am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/38 "2012-11-22T02:00:59Z")
In Japan, the police can question you without your attorney present. They can hold you for 23 days after being arrested without charging you and without allowing you to access to an attorney. The police can and often do rearrest suspects of second and third charges to extend the time they have until they break someone. Interrogations are not recorded. Yes, and unsurprisingly, there are a fair number of false confessions is Japan. Quite a coincidence. ---
**Author:** ![lisiate](https://avatars.discourse-cdn.com/v4/letter/l/f05b48/32.png) [@lisiate](https://boards.straightdope.com/u/lisiate)\ **Post date:** [November 22, 2012, 2:25am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/39 "2012-11-22T02:25:57Z")
My nomination for New Zealand. The [Citizenship (Western Samoa) Act 1982](http://www.legislation.govt.nz/act/public/1982/0011/latest/whole.html). This act retrospectively stripped New Zealand citizenship from anyone born in Western Samoa before 1924 and 1949, when Western Samoa was administered as a mandate territory of New Zealand, as well as their spouses and descendants. [Falema’i Lesa](http://en.wikipedia.org/wiki/Falema%E2%80%98i_Lesa), who had been born in Western Samoa but resided in New Zealand, was about to be deported. She claimed she was entitled to be a New Zealand citizen, as she was born a British subject, and became a New Zealand citizen in 1949 when the new status of New Zealand citizen was created. The Privy Council (then the highest court in the NZ court system) agreed with her. Disliking the prospect of having thousands of new citizens (and not be able to deport Western Samoan overstayers), the New Zealand Parliament passed this act to strip all but Ms Lesa of their NZ citizenship. Seems pretty unjust to me. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [November 22, 2012, 2:40am UTC](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560/40 "2012-11-22T02:40:31Z")
> [@scr4](#): > > My vote is for [contributory negligence](http://en.wikipedia.org/wiki/Contributory_negligence). It means if you’re involved in an incident and you contributed to it in any way through negligence, you can’t get any compensation. So if you get hit by a car and injured, and you’re deemed to be 10% at fault, you don’t get _any_ compensation from the car driver who is 90% at fault. True. In most (all?) U.S. jurisdictions, however, the contributory negligence rule has been replaced with comparitave fault. [Previous page](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560.md?page=1) [Next page](https://boards.straightdope.com/t/what-is-the-most-unjust-law/641560.md?page=3)