An unenforced law (also symbolic law) is a crime which is illegal, but is usually not penalized by a jurisdiction. It is a law which is usually ignored by law enforcement, therefore such laws have no consequences.[1] Some people have criticized such laws claiming that it indicates sometimes the law means what it says, sometimes it does not.[2]
Overview
The law may be put in place simply for symbolic reasons, but without actual prosecutions taking place.[3] For example speeding is illegal, but patrol officers usually ignore motorists who are 5–10 miles an hour over the legal limit.[4] Automated ticketing systems like computerized cameras will still issue fines in these circumstances in some, but not all U.S. states.[5]
Although incest is illegal in many European countries, it is generally not enforced if between two consenting adults.[6]
Laws that are symbolic typically attempt to persuade rather than enforce, punish or prevent.[7][8] An example was adultery in the US state of Colorado, where it was prohibited by law (since repealed), but was not punishable in any way.[4] In Maryland adultery is prohibited by law with just a $10 fine, but not punishable by imprisonment.[9]
See also
- Decriminalization
- De facto
- De jure
- Desuetude
- Statute Law Revision Act
- Unenforceable
- Victimless crime
References
- ^ Modern criminal law; Wayne R. LaFave; P 53
- ^ Teenage kissing: The new sex crime? BBC retrieved 29 January 2012
- ^ The legal system: a social science perspective retrieved 29 January 2012
- ^ a b Law Without Values: The Life, Work, and Legacy of Justice Holmes retrieved 29 January 2012
- ^ AlpertAugust 2, David; 2012 202. "What is the right level for speed camera fines?". ggwash.org. Retrieved 2021-02-01.
- ^ "Geschwisterpaar bringt Inzest-Verbot ins Wanken" (in German). 22 May 2011.
- ^ Law as symbolic form Deniz Coskun
- ^ Prospective magazine retrieved 29 January 2012
- ^ [1]