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I think Charles is probably wrong on this point, although not necessarily for the reasons you state. Simply because a law is violated by the majority of the po
by objclxt 14y ago
I think Charles is probably wrong on this point, although not necessarily for the reasons you state.
Simply because a law is violated by the majority of the population doesn't ipso facto make it a bad law (although in some cases this is certainly true). For example, many people break speeding limits, but we also accept that in some cases speed limits are justified. It's a matter of degrees.
'Sexting' laws are similar to age of consent laws. For example, a 13 year old girl (or boy) sending indecent images of themselves to someone many years older than them is clearly a problem. Two 13 year olds sending indecent pictures to each other may be morally concerning to some, but it's not going to bother the law.
- GFischer 14y ago"in some cases speed limits are justified". But many believe they're not. In my case, I believe most speed limits were set for a prior age, and modern cars can safely handle more than the obsolete speed limits now. There are endless discussions here on speed limits, and they are mostly negative about their effects: http://www.google.com/#q=speed+limits+site:news.ycombinator.com http://www.google.com/#q=speed+limits+site:news.ycombinator.... fleitz - "Interestingly, most accidents occur below the speed limit and increasing speed limits decrease accidents" "in Montana after a Judge invalidated their speeding laws as unconstitutional the number of accidents dropped" http://www.hwysafety.com/hwy_montana.htm http://www.hwysafety.com/hwy_montana.htm "Speed limits on roads are almost always political decisions, not engineering ones. How else do you explain the straight as an arrow, flat as a pane of glass, brand-spanking-new, 60mph limit roads crisscrossing the american midwest" The best speed limits I've seen were on German highways - they were variable speed limits based on road conditions (that actually made sense !!! ).
- eru 14y ago> The best speed limits I've seen were on German highways - they were variable speed limits based on road conditions (that actually made sense !!! ). And people are still breaking them.
- Symmetry 14y agoYou're wrong about that last as a matter of law (at least in the US). Anyone creating a sexual image of a subject who is 17 or younger is guilty of creating child pornography, no matter what the circumstances are. I'm sure that if Congress had considered the case of 17-year-olds taking pictures of themselves they would have written the law differently, but they didn't. One would also hope that prosecutors would exercise discretion about prosecuting these cases, but while some might others certainly don't.
- randallsquared 14y agoOne would also hope that prosecutors would exercise discretion about prosecuting these cases, but while some might others certainly don't. Draconian enforcement might be better in the long run, since the laws would get changed.
- gizmo686 14y agoYou could also imagine a system where laws that are not enforced to some degree of thoroughness automatically get repealed. This solves old laws that are on the book but not used, as well as the concern of (highly) selective enforcement.
- eru 14y agoA bit like having to protect a trade mark?
- gizmo686 14y agoSo if I am a 13 year old child, and sext to my 50 year old uncle, who is the criminal. Under current law, I am guilty of possession and distribution of child porn (whether or not I send it to my 50 year old uncle or by 13 year old friend), and my uncle is guilty of possession, even though he might to of requested the image in any way.
- lifeisstillgood 14y agoSorry, but there is not a juror alive who would think the uncle was an innocent party to all that.