Overcriminalization Essay

In every nation, people are governed by a government. The very purpose of having a government is to have a highest authority to maintain peace and order in a nation. A government, through its legitimate authority and power, sets up laws and rules and every citizens are expected to follow. These laws are granted as a guide and ensure that the activities and affairs of every individual are within the context of legality, morality, accepted customs, and traditions and is not violating other people’s rights. Body In criminal law and even in the Constitution, crimes that are against people and properties are defined. This includes murder, rape, robbery, theft, among others. Corresponding punishment has also been provided for the purpose of distinguishing the legal standard of justice (Husak, 2008, p. 6). Significantly, justice is the very reason for penalizing individuals who acted beyond their right. However, justice also has standard that cannot just easily be measured. But the laws are controlling and in the context of the law, justice is served. On the part of every individual, he is given freedom to act, provided that he is not violating any laws. In the society, changes are also indispensable, like the existence of homosexuals. For these changes and acceptance of the people of taboos, many argue that overcriminalization exist in the criminal justice system of the country. Meanwhile overcriminalization refers to idea that laws regulating public morality may result in a substantial diversion of police, prosecutor, and judicial time, personnel and resources. In the medical and psychological arena, homosexuality is accepted; however such has been criminalized under the sodomy law established since nineteenth century (Greenbers, 1988, p. 455). Notably, During WWII, a man was convicted of 20- year in prison for running an entertainment establishment for homosexuals despite his effort in catching German spies (Greenbers, 1988 p. 455). Since then several men were indicted for a long year imprisonment because of heterosexual relationships. Gays’ and even lesbians’ acts and choice were controlled by law. A wrong choice would be equivalent to imprisonment. Since then the sodomy law has been challenged of its constitutionality. Several gays claimed that sodomy laws curtails their freedom to privacy and choice. However, the court stayed the legality of the law until 2003. In Lawrence v. Texas (539 U. S. 558), the petitioner, a man, was caught in his private room having carnal knowledge with a man. They were arrested for violating the sodomy law. In court, Lawrence raised that the law violates their constitutional right on equal protection, due process and privacy. After extensive debates, all sodomy laws were stricken out in all states and the gays and lesbians were liberated. Primarily, the court stressed that gays have Another overcriminalization seen is the prohibition on alcohol consumption. In the olden era, wine serves as medicine for several diseases and as pain reliever. Wine was also among the essentials in gatherings and ceremonies. Through time, many alcohol beverages were processed to make it more intoxicant. However, it was made a crime to consume alcohol and other form of intoxicants. The authorities argued that alcohol can make a drank an evil because of the effects of intoxication. Many crimes were committed due to drunkenness and to avoid further crimes, the law prohibited the citizens to take in alcohol. However, the curtailment of crime resulted to the violation of right. The legislature kept on defining numerous crimes instead of setting up a fairer standard that will regulate alcohol. At present, the law is still silent as to the issue on lowering of drinking age from 21 to 18 years of age. Many argue that adults below 21 year- old are penalized for consuming alcohol and considered it as ironical when they were granted political and civil rights at the age of 18. Through this, the law is seen to have overcriminalized. However, the law is becoming lenient because several adult below 21 are able to drink without being caught. While it may be observed that the law is becoming lenient on criminalizing some immoral acts, other forms of overcriminalization can be noticed today. Although liberations have been celebrated by various classes, the public is endangered of other being punished severely for petty crimes. With the death of sodomy law and alcohol bans, the liberty of the citizens are yet unsettled. After the 9/11 terrorist attack several laws were passed by the Congress to curtail terrorism. However, it has a drawback against the citizens. The Patriot Act which encompasses crimes of smuggling and money laundering is considered to have its way to overcriminalization. This is so because of the imposition of a grave penalty to a petty crime. An astonishing example is David McNab, a fisherman, who was charged for smuggling and money- laundering for bagging a 5. 5 inches lobster (Berlau, Making a Meth of the Patriot Act). . For a minor environmental violation, McNab is now serving a â€Å"multi- year sentence† (Berlau, Making a Meth of the Patriot Act). Many more types of overcriminalization are expected in the enforcement of the Patriot act because of the free access and intensified surveillance that authorities are able to do. In some states, overcriminalization do exist. In District of Columbia, the state law and even federal law prohibit the unauthorized use of the â€Å"Smokey Bear† emblems (Luna, 2005, p. 704). The lawful exercise of religious belief in school and in public placed are even punished or restricted due to the insistence of separation of church and state principle. Nevertheless, while overcriminalization may still exist, today’s regulation has become more lenient than before. Rights to same- sex marriage, common law relationship, and even possession of gun by private individuals are just some of the evidence of laws leniency. Since the feudal time, many changes have occurred that even various kinds of discrimination were eradicated. Many liberalists were overjoyed and are even lobbying for other rights that are made punishable by laws. As for them, the enjoyment of liberties is the real guarantee of democracy. Conclusion Since nineteenth century, the government’s authority was so broad in scope that citizens were enjoying a limited freedom. Any acts of immorality in eyes of the church then were also punishable by law. Several private rights were not recognized due to the controlling laws and unacceptability of the society of the changes. These led to the perception that overcriminalization is existing in the legal system. In the twentieth century, laws that impose punishments for immoral acts were invalidated by the courts. Indeed, overcriminalization has slowed a bit. However, due to the pending threat on security, the overcriminalization may be strengthened. But the civil liberty advocates are watchful of every government acts to avoid further curtailment of rights and eventually guarantees respect to democracy.