Quotulatiousness

July 18, 2011

Moral outrage is a bad source of legislative impetus

Filed under: Law, Media, USA — Tags: , , — Nicholas @ 09:53

Steve Chapman attempts to explain why the multiple “Caylee’s Law” proposals in many state legislatures are uniformly bad ideas that will become bad laws:

It was once suggested, as a general rule of staying alive, never to fly on an airline named after a state or the owner. As a general rule of sound government, it’s also a good idea never to enact a law named after a person. Personalizing criminal law usually stems from fruitless outrage at a freakish event.

Plenty of legislators are ignoring that risk. Their proposals, all going by the name “Caylee’s Law,” are an understandable response to the acquittal of Casey Anthony of killing her 2-year-old daughter. Swearing when you stub your toe is also understandable, which doesn’t mean it will do your toe the slightest good.

[. . .]

Targeting parents who fail to report missing kids on a government-approved schedule will probably accomplish nothing useful. Conscientious adults with grounds for concern already call the cops. But the change would burden police with trivial cases that would soon resolve themselves.

Already kids are reported missing at the rate of more than half a million a year, usually because they run away or neglect to tell parents where they are. A 2002 Justice Department study noted that “all but a very small percentage are recovered fairly quickly.”

But a mother whose son has a habit of absconding and reappearing could go to prison for exercising sensible patience. A divorced dad whose ex-wife gets angry when he’s tardy returning the kids from a weekend outing could give new meaning to “custodial parent.”

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