Monday, October 15, 2018

Rule of Law: Punish Everyone?

Judge Judy, chatting with my mother in Little Italy, NYC,
epitomizes the rule of law – with a big dose of common sense.
The rule of law states that every person (or legal entity) is subject to the law. But that doesn't mean every person must be punished for every crime.

Thanks to the Constitution and jurisprudence, a punishment can be reduced or suspended. We've frequently been the recipient of this benefit when pulled over for speeding and let off with a warning. This doesn't violate the rule of law since the warning is a form of punishment.

But, what about the case where most people aren't warned, sentenced, cited, arrested, or punished? Does it violate the rule of law when a police office sets up a speed trap and ignores all the drivers who are going over the speed limit by only a few miles per hour? The short answer is no, because even though these drivers aren't punished, they are still subject to the law. So, while they aren't punished, they could be. Rule of law is upheld.

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