When everyone breaks the law, the law is broken
G — November 26, 2011
Reflecting recently on the polygamy case decision, it startles me how many laws are actually out there that don’t go enforced. If a given act truly is a ‘crime’, shouldn’t then all acts of that type be prosecuted across the board? In the recent polygamy ruling, this will likely not be the case. People in polygamous relationships will likely not be affected at all by this ruling except for those in Bountiful, for which this ruling is specifically targeted. I can say this with confidence because if harm to women or children were truly the issue, then those involved in harming women or children would be prosecuted now, without the need for this trial. I am not advocating enforcement of violent laws, of course, but I am saying that if the crimes on the books were truly enforced consistently across the board based on the rationale and guise for which they are created, people would quickly see how authoritarian our laws have become and how selective and punitive they were in the past (aka ‘prosecutor discretion’).
Either it is a crime across the board based on the rationale for which it is created, or it is not.
To have a weapon for which to pick and choose a crime to fit those you wish to attack, that is not justice, that is totalitarianism.
Disclaimer: The articles and opinions expressed here are the views of the writer and do not necessarily reflect the views and opinions of the Libertarian Book Club.