Everyone knows what a criminal is, don’t they? They’re the ones that rob or break things or get into fights. All of those things can happen, and they may be a criminal because of those actions — but it’s really not the root of the situation.
A criminal is someone who has broken a law.
The law might be a good law. The law might be a bad law. It might be an old law … or a brand new law. It may be a law that is only occasionally, and haphazardly, enforced. In each case, it is still a law, and breaking it makes you a criminal. For example, in the following weird laws, if you
Put salt on a railroad track (Alabama)
Refuse to give a person a glass of water (Arizona) [in Florida, it is illegal TO give people food or water]
Fish from a camel’s back (Idaho)
Take a bath between the months of October and March (Indiana)
Don’t shower at least once a year (Kentucky)
Keep an armadillo as a pet (Maine)
Serenade your girlfriend (Michigan)
Ride a camel on the highway (Nevada)
Wear roller skates in a bathroom (Oregon)
Wash a mule on the sidewalk (Virginia)
then you have broken the law (and, sometimes, with potentially very serious penalties).
These don’t sound so serious, do they. And it is true that they are rarely enforced. But, these laws were written — and written for a purpose. The purpose may have been against the actions of one person. That is scary. Someone in authority can make you a criminal by enacting a law forbidding you to do something that you normally do. They don’t even have to inform you of the enacting of the law (“ignorance of the law is no excuse”).
We don’t lose much sleep over weird laws and most people are happy about the “good” laws. It doesn’t make much difference as to whether it is an old law or a new law as long as it is a “good” law. Alas, laws aren’t always good.
The use of laws to make people criminals is widespread throughout the world and there are a number of such laws in the U.S.’s relatively recent history.
One very, very serious instance of laws written deliberately to allow the creation of a group of criminals derives from the wording of the Thirteenth Amendment of the Constitution of the United States.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
This Amendment is very important. It made it illegal to have slaves in the United States. In terms of this newsletter, however, it is the “escape clause” that is of great concern. “except as a punishment for crime”. Slavery and/or involuntary servitude is legal if a person is convicted of a crime. And crimes are described as breaking laws. (Fortunately, the full evils of U.S. slavery do not apply — the children do not become slaves.)
In many areas of the South, “chain gangs” (almost always “minorities” (called such even where they are the majority of the population)) of people are assigned to do the same tasks as were done by slaves. They can even be hired out to individuals or businesses to do their menial work, as was done by slaves. (Unlike slavery, however, such does not extend to ownership of their children and family members.) All that is needed is to enact a law, or laws, that apply largely to the targeted group (and not enforce the law for others not in the targeted group) and the Thirteenth Amendment is legally nullified to a great extent.
My father served in the US Navy, on an aircraft carrier, during the Korean War (or, officially, the Korean Conflict since no war has been declared by Congress since 1942). He mentioned to me the casual use of the completely legal substance, marijuana, as a normal part of ship life during that time. But, in the 1970s, it was no longer widely used. Therefore, J Edgar Hoover, who was passionately racist, decided that it was appropriate to encourage the use of marijuana within areas of targeted groups AND to persuade Congress and the President to make use of marijuana illegal. Thus, J Edgar Hoover could legally facilitate the subjection, and harassment, of his hated prey.
In all areas of the world, we would like it to be true that laws are always enacted for the safety, and betterment, of people and society. But a law can be a potent weapon and recognition of that is important for people to be aware.
A person may be changed from a non-criminal to a criminal by the enactment of a law. So, every law is of importance and it is the responsibility of every citizen to keep legislators carefully monitored.
