Wednesday, October 12, 2005

Do we want perfect law enforcement

Daniel Solove has been wondering if we really want perfect law enforcement?

"I believe that people have ambivalent views toward many laws, such as speeding laws. They generally support the laws, but they often violate them. For example, would society really want perfect enforcement of the drug laws? Imagine if everybody who did drugs at one point in their lives were caught. This could nab quite a lot of people, including many corporate CEOs, politicians, and probably every celebrity.

What about perfect enforcement of underage drinking laws? Probably the majority of the population has at one time during their childhood engaged in underage drinking. And quite a lot of adults have furnished alcohol to a minor at one point in time.

So perhaps we don’t want to enforce these laws perfectly. Yet, doesn’t imperfect enforcement unfairly penalize the unlucky few who get caught? Indeed, prior drug use can disqualify people for certain jobs, such as the FBI (which is considering rethinking some of its policies). Underage drinking violations can appear on a person’s record. Should these stains on people’s records be put there haphazardly? After all, if many people are guilty of these things, why should only the unlucky few who get caught be punished?"

No comments: