Unenforced Law
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Unenforced Law
An unenforced law (also symbolic law, dead letter law) is a law which is formally in effect (''de jure''), but is usually (''de facto'') not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them. The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced. Overview Unenforced laws may be enacted purely for symbolic reasons, with little or no intention of enforcement.The legal system: a social science perspective
retrieved 29 January 2012
There are also circumstances in which an otherwise enforced law is not; for example,
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De Jure
In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally recognized. Examples Between 1805 and 1914, the ruling dynasty of Egypt were subject to the rulers of the Ottoman Empire, but acted as de facto independent rulers who maintained a polite fiction of Ottoman suzerainty. However, starting from around 1882, the rulers had only de jure rule over Egypt, as it had by then become a British puppet state. Thus, by Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto was part of the British Empire. In U.S. law, particularly after ''Brown v. Board of Education'' (1954), the difference between de facto segregation (segregation that existed because of the voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws that ...
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De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jur ...
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Law Enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules Rule or ruling may refer to: Education * Royal University of Law and Economics (RULE), a university in Cambodia Human activity * The exercise of political or personal control by someone with authority or power * Business rule, a rule pert ... and norm (social), norms governing that society. The term encompasses police, Court, courts, and corrections. These three components may operate independently of each other or Criminal justice, collectively, through the use of Criminal record, record sharing and mutual cooperation. The concept of law enforcement dates back to ancient times, and forms of law enforcement and police have existed in various forms across many human societies. Modern state legal codes use the term peace officer, or law enforcement officer, to include every ...
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Selective Enforcement
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law. The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a legal abuse and a threat to the rule of law. In some cases, selective enforcement may be desirable. For example, a verbal warning to a teenager may effectively alter their behavior without resorting to legal punishment and with the added benefit of reducing governmental legal costs. In other cases, selective enforcement may be inevitable. For example, it may be impractical for police officers to issue traffic tickets to every driver they observe exceeding the speed limit, so they may have no choice but to limit action to the most flagrant examples of reckless driving. Therefore, the mere fact that a law is selectively enforced against ...
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Speed Limit Enforcement
Speed limits are enforced on most public roadways by authorities, with the purpose to improve driver compliance with speed limits. Methods used include roadside speed traps set up and operated by the police and automated roadside ' speed camera' systems, which may incorporate the use of an automatic number plate recognition system. Traditionally, police officers used stopwatches to measure the time taken for a vehicle to cover a known distance. More recently, radar guns and automated in-vehicle systems have come into use. A worldwide review of studies found that speed cameras led to a reduction of "11% to 44% for fatal and serious injury crashes". The UK Department for Transport estimated that cameras had led to a 22% reduction in personal injury collisions and 42% fewer people being killed or seriously injured at camera sites. The ''British Medical Journal'' recently reported that speed cameras were effective at reducing accidents and injuries in their vicinity and recommended ...
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Traffic Enforcement Camera
A traffic enforcement camera (also red light camera, speed camera, road safety camera, road rule camera, photo radar, photo enforcement, Gatso, safety camera, bus lane camera, flash for cash, Safe-T-Cam, No contact apprehension camera depending on use) is a camera which may be mounted beside or over a road or installed in an enforcement vehicle to detect motoring offenses, including speeding, vehicles going through a red traffic light, vehicles going through a toll booth without paying, unauthorized use of a bus lane, or for recording vehicles inside a congestion charge area. It may be linked to an automated ticketing system. A worldwide review of studies found that speed cameras led to a reduction of "11% to 44% for fatal and serious injury crashes". The UK Department for Transport estimated that cameras had led to a 22% reduction in personal injury collisions and 42% fewer people being killed or seriously injured at camera sites. The ''British Medical Journal'' recently rep ...
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Incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption, or lineage. It is strictly forbidden and considered immoral in most societies, and can lead to an increased risk of genetic disorders in children. The incest taboo is one of the most widespread of all cultural taboos, both in present and in past societies. Most modern societies have laws regarding incest or social restrictions on closely consanguineous marriages. In societies where it is illegal, consensual adult incest is seen by some as a victimless crime. Some cultures extend the incest taboo to relatives with no consanguinity such as milk-siblings, step-siblings, and adoptive siblings, albeit sometimes with less intensity. Third-degree relatives (such as half-aunt, half-nephew, first cousin) on average have 12.5% common geneti ...
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Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become contr ...
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Colorado
Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the List of U.S. states and territories by area, eighth most extensive and List of U.S. states and territories by population, 21st most populous U.S. state. The 2020 United States Census, 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States Census, 2010 United States census. The region has been inhabited by Indigenous peoples of the Americas, Native Americans and their Paleo-Indians, ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", th ...
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Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to its east. Baltimore is the largest city in the state, and the capital is Annapolis. Among its occasional nicknames are '' Old Line State'', the ''Free State'', and the '' Chesapeake Bay State''. It is named after Henrietta Maria, the French-born queen of England, Scotland, and Ireland, who was known then in England as Mary. Before its coastline was explored by Europeans in the 16th century, Maryland was inhabited by several groups of Native Americans – mostly by Algonquian peoples and, to a lesser degree, Iroquoian and Siouan. As one of the original Thirteen Colonies of England, Maryland was founded by George Calvert, 1st Baron Baltimore, a Catholic convert"George Calvert and Cecilius Calvert, Barons Baltimore" William Hand Browne, ...
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Decriminalization
Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform is sometimes applied retroactively but otherwise comes into force from either the enactment of the law or from a specified date. In some cases regulated permits or fines may still apply (for contrast, see: legalization), and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies. The reverse process is criminalization. Decriminalization reflects changing social and moral views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matt ...
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