Can an Obsolete Law Still Lead to Prosecution?

Theoretically, yes, an outdated and seemingly useless law can still result in a person being charged if it remains on the books. However, the practical aspects of this scenario are often more complex and vary widely depending on the circumstances. This article explores the legal and societal factors that might influence such a situation.

Selective Prosecution and Legal Theories

Theoretical situations aside, the practical challenge in enforcing an outdated law lies in the potential for selective prosecution. For instance, if a law against adultery is still on the books in 16 U.S. states, it is quite unlikely that such a law would be enforced due to the lack of interest in prosecuting such cases. However, if a particular individual or a group of individuals wants to exploit this law for personal or political reasons, they might attempt to get someone charged under it. If this happens, the accused could raise a defense based on selective prosecution, arguing that the law is being applied unfairly.

In a recent example, a campaign to have someone arrested for violating an obsolete law highlights the complexity of this issue. For instance, blue laws, which are typically outdated work regulations, such as those restricting shopping on Sundays, are occasionally cited in legal disputes. However, the enforcement of these laws is largely symbolic and not often subject to strict scrutiny. This suggests that in practice, it can be quite difficult to get an outdated law enforced, especially if the law is widely considered useless or irrelevant.

Historical Context and Legal Reevaluation

Historically, many laws considered outdated have not been enforced, but they remain on the books. Adultery is a prime example. Although it remains illegal in 16 states, the last known case of prosecution for adultery was in the 1980s. This lack of enforcement does not mean the law has lost its legal standing, but it certainly indicates that enforcement is unlikely unless there is a specific desire to challenge or change the law.

The debate over these laws often involves a legal and political process. Advocates for decriminalizing certain behaviors or practices may push for changes to the law, often starting with letter-writing campaigns to legislators. This process is not always straightforward and can take a considerable amount of time. Nevertheless, the presence of an outdated law can still serve as a focal point for such campaigns.

Practical Considerations and Challenges

While theoretically possible, it is rarely easy to get charged under an outdated law. In many cases, the law in question might be thrown out by a judge based on its lack of relevance or practicality. For instance, if an outdated law is brought to a court, the judge might dismiss the case on the grounds that the law is no longer applicable or relevant.

Furthermore, the enforcement of such laws often faces public scrutiny and resistance. Law enforcement agencies, including police and prosecutors, generally prioritize more pressing or immediate issues. Therefore, there is a lower likelihood of someone being charged and facing consequences for violating such laws.

Conclusion

In conclusion, while an outdated and seemingly useless law can, in theory, still lead to prosecution, in practice, it is often difficult to achieve enforcement. The enforcement of such laws largely depends on the willingness of the legal system and the broader society to prioritize and apply these laws. Individuals and groups can attempt to exploit these laws, but the outcomes are often inconclusive or symbolic. The best approach to dealing with outdated laws is typically through ongoing legal and political advocacy to decriminalize or remove them completely from the books.