Overcriminalization Essay

In every nation, people atomic number 18 governed by a government. The very purpose of having a government is to bear a highest power to maintain peace and order in a nation. A government, through its legitimate authority and power, sets up police forces and rules and every citizens ar expected to follow. These laws argon granted as a guide and match that the activities and affairs of every individual are within the setting of juristicity, morality, original customs, and traditions and is not violating early(a) peoples rights. Body In guilty law and nonetheless in the Constitution, crimes that are against people and properties are defined.This includes murder, rape, robbery, theft, among others. same punishment has also been provided for the purpose of distinguishing the legal standard of referee (Husak, 2008, p. 6). Significantly, thoice is the very reason for penalizing individuals who acted beyond their right. However, justice also has standard that cannot just easi ly be measured. exclusively the laws are absolute and in the context of the law, justice is served. On the part of every individual, he is given exemption to act, provided that he is not violating any laws.In the society, changes are also indispensable, comparable the existence of homo stimulateuals. 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 familiar morality may result in a substantial aside of police, prosecutor, and judicial time, personnel and resources. In the medical and psychological arena, homosexuality is trustworthy however such has been criminalized under the anal sex law established since ordinal century (Greenbers, 1988, p. 455).Notably, During WWII, a man was convicted of 20- year in prison for streamlet 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 handcuffs because of heterosexual relationships. Gays and flush lesbians acts and weft were controlled by law. A wrong choice would be equivalent to imprisonment. Since then the anal intercourse law has been challenged of its constitutionality. Several gays claimed that sodomy laws curtails their quitdom 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 tete-a-tete 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 constitute protection, imputable process and privacy. After extensive debates, all sodomy laws were soft on(p) out in all states and the gays and lesbians were liberated. Primarily, the court stressed that gays maintain some other overcriminalization seen is the prohibition on alcohol consumption. In the honest-to-goden 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 do 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. umteen crimes were committed due to drunkenness and to neutralise further crimes, the law forbidden 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 hitherto mum as to the issue on lowering of drinking age from 21 to 18 years of age. galore(postnominal) argue that adults below 21 year- old are penalized for consuming alcohol and consid ered it as ironical when they were granted policy-making 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 observe 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 heterogeneous classes, the open is endangered of other being punished severely for superficial crimes. With the death of sodomy law and alcohol bans, the liberty of the citizens are merely unsettled. After the 9/11 terrorist attack several laws were passed by the coitus to curtail terrorism. However, it has a drawback against the citizens. The Patriot Act which encompasses crimes of export and money wash is considered to have its way to overcriminalization. This is so because of the imposition of a grave penalisation to a petty crim e.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 fruitcake of the Patriot Act). . For a minor environmental violation, McNab is now serving a 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 Smokey Bear emblems (Luna, 2005, p. 704). The rule-governed 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, todays 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 guilty by laws. As for them, the delight of liberties is the real guarantee of democracy. Conclusion Since nineteenth century, the governments authority was so broad in scope that citizens were enjoying a limited freedom. each 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 t he 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.