Unenforced law
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 doesn't.[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] Automate ticketing systems like computerized cameras will still issue fines in these circumstances in some but not all US states.[5]
Although incest is illegal in many European countries, it is generally not enforced if between two consenting adults.[6]
Laws which are symbolic typically attempt to persuade rather than enforce, punish or prevent.[7][8] An example is adultery in Colorado, where it is prohibited by law, but not punishable in any way.[4]
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
- 1 2 Law Without Values: The Life, Work, and Legacy of Justice Holmes retrieved 29 January 2012
- ↑ http://greatergreaterwashington.org/post/15750/what-is-the-right-level-for-speed-camera-fines/
- ↑ "Geschwisterpaar bringt Inzest-Verbot ins Wanken" (in German). 22 May 2011.
- ↑ Law as symbolic form Deniz Coskun
- ↑ Prospective magazine retrieved 29 January 2012
