'Overcriminalization Essay\r'

'In all nation, concourse argon governed by a regimen. The very purpose of having a governing body is to have a highest potence to verify peace and order in a nation. A government, through its legitimate bureau and power, sets up police of natures and rules and all citizens ar judge to follow. These justices ar granted as a guide and ensure that the activities and affairs of both individual are within the mise en scene of impartiality, morality, accepted customs, and traditions and is not violating other people’s rights. Body In sad justice and heretofore in the Constitution, crimes that are against people and properties are defined.\r\nThis includes murder, rape, robbery, theft, among others. Corresponding penalty has in like manner been provided for the purpose of distinguishing the judicial received of justice (Husak, 2008, p. 6). Signifi fagtly, justice is the very get on withnt for penalizing individuals who acted beyond their right. However, ju stice also has bar that cannot just easily be measured. alone the laws are controlling and in the context of the law, justice is served. On the part of every individual, he is given at large(p)dom to act, provided that he is not violating any laws.\r\nIn the society, changes are also indispensable, like the subsistence of homosexuals. For these changes and acceptance of the people of taboos, realityy argue that overcriminalization exist in the criminal justice arranging of the country. Mean term overcriminalization refers to idea that laws regulating usual morality whitethorn result in a substantial diversion of police, prosecutor, and discriminatory time, personnel and resources. In the medical and mental arena, homosexuality is accepted; however such has been criminalized under the buggery law launch since nineteenth century (Greenbers, 1988, p. 455).\r\nNotably, During WWII, a man was convicted of 20- year in prison for tally an entertainment establishment for homose xuals despite his labour in catching German spies (Greenbers, 1988 p. 455). Since and indeed round(prenominal) men were indicted for a ample year imprisonment because of heterosexual relationships. Gays’ and rase lesbians’ acts and choice were control lead by law. A malign choice would be equivalent to imprisonment. Since past the sodomy law has been challenged of its constitutionality. some(prenominal) gays claimed that sodomy laws bring downs their freedom to privacy and choice. However, the speak to stayed the legality of the law until 2003.\r\nIn Lawrence v. Texas (539 U. S. 558), the petitioner, a man, was caught in his mystic room having carnal familiarity with a man. They were arrested for violating the sodomy law. In court, Lawrence elevated that the law violates their constitutional right on equal protection, repayable process and privacy. later extensive debates, all sodomy laws were afflicted out in all enunciates and the gays and lesbians were liberated. Primarily, the court stressed that gays have Another overcriminalization seen is the banishment on intoxicant consumption. In the gray era, wine serves as medicine for several diseases and as pain reliever.\r\nWine 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 politics argued that alcohol can make a drank an ugliness because of the effects of intoxication. legion(predicate) crimes were committed ascribable to drunkenness and to avoid further crimes, the law prohibited the citizens to take in alcohol. However, the suppression of crime resulted to the violation of right. The legislature unplowed on defining numerous crimes alternatively of setting up a fairer measuring rod that will regulate alcohol.\r\nAt present, the law is still silent as to the young on lowering of drinking age f rom 21 to 18 years of age. Many argue that adults below 21 year- onetime(a) are penalized for consuming alcohol and considered it as ironical when they were granted political and well-mannered rights at the age of 18. Through this, the law is seen to have overcriminalized. However, the law is becoming easy because several adult below 21 are able to drink without creation caught. While it may be discovered that the law is becoming sonant on criminalizing some scandalous acts, other forms of overcriminalization can be noticed today.\r\nAlthough liberations have been celebrated by various classes, the globe is jeopardize of other being penalize ill for petty crimes. With the death of sodomy law and alcohol bans, the liberty of the citizens are except unsettled. After the 9/11 terrorist brush up several laws were passed by the Congress to curtail terrorism. However, it has a drawback against the citizens. The nationalist Act which encompasses crimes of export and money l aundering is considered to have its counsel to overcriminalization. This is so because of the imposition of a cypher penalty to a petty crime.\r\nAn astonish example is David McNab, a fisherman, who was charged for smuggle 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 without delay serving a â€Å"multi- year disapprobation” (Berlau, Making a Meth of the Patriot Act). Many more types of overcriminalization are pass judgment 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.\r\nIn District of Columbia, the state law and level(p) federal law prohibit the unauthorized use of the â€Å"Smokey guard” emblems (Luna, 2005, p. 704). The lawful exercise of religious judgment in school and in public placed are even punished or restricted collectabl e to the force per unit area 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 depict of laws leniency.\r\nSince the feudal time, many changes have occurred that even various kinds of discrimination were eradicated. Many liberalists were overjoy 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. closing Since nineteenth century, the government’s authority was so broad in sphere that citizens were enjoying a limited freedom. Any acts of dark in eyes of the church then were also punishable by law.\r\nSeveral private rights were not recognized due to the controlling laws and unacceptability of the society of the changes. These led to the per ception 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 at last guarantees respect to democracy.\r\n'