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This argument does not address the concern. If I just stabbed someone, there is a clear explanation for why I am being put in jail. If I am possessing a drug,
by yboris 6y ago
This argument does not address the concern.
If I just stabbed someone, there is a clear explanation for why I am being put in jail. If I am possessing a drug, why a I being put in jail? Because of some hypothetical possibility? Because I belong to a group of people that have a higher chance of doing something that might end up in something bad happening?
Justice needs to answer an individual why they are about to be deprived of most of their liberties. Putting someone in jail is the worst thing the government does to individuals; such a severe action requires a personal explanation.
- belorn 6y agoSometimes the law is designed to target something that might happen rather than a personal action that caused something to happen. One such law that exist in most countries triggers if you drive while under the influence just by yourself on a lone road. You can still end up in jail. In the eye of the legal system it is bad enough that an accident might happen. Same for driving a car deemed unsafe. There is similar laws around the world against guns and explosives, where simply possession is enough to run fault of the law. As with most laws, first time offenders generally should not end up in jail (US can be a bit strange and unfair on that point). However a lot of laws all over the world are simply about what might end up happening given a risk factor.
- yboris 6y agoThe analogue of that law would be to prosecute someone under the influence of drugs who is out on the streets. The current drug laws are more analogous to putting someone in jail if they purchase alcohol and put it in their trunk because there's a chance that they might drink and drive.