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 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punish or prevent.[7][8] An example was adultery in the US state of Colorado, where it was prohibited by law (since repealed), but was not punishable in any way.[4] In Maryland adultery is prohibited by law with just a $10 fine, but not punishable by imprisonment.[9]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

References
  1. Modern criminal law; Wayne R. LaFave; P 53
  2. Teenage kissing: The new sex crime? BBC retrieved 29 January 2012
  3. The legal system: a social science perspective retrieved 29 January 2012
  4. Law Without Values: The Life, Work, and Legacy of Justice Holmes retrieved 29 January 2012
  5. AlpertAugust 2, David; 2012 202. "What is the right level for speed camera fines?". ggwash.org. Retrieved 2021-02-01.CS1 maint: numeric names: authors list (link)
  6. "Geschwisterpaar bringt Inzest-Verbot ins Wanken" (in German). 22 May 2011.
  7. Law as symbolic form Deniz Coskun
  8. Prospective magazine retrieved 29 January 2012
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