Quote:
Originally Posted by Bruce
By this, I mean to state: you don't need a *law* (statute, ordinance, et cetera) to make something *legal*. If there exists no law against it - it is legal.
Is there a law that explicitly states you are allowed to breathe? No? Do you need a license to breathe? Maybe you should need one; after all - there is no law that says you *can* breathe. Maybe the police should "check out" anyone 'caught' breathing without a license to breathe. ...you'd catch a lot of criminals that way.
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According to another poster, your right to breath would be subject to "interpretation" because there is no explicit stautory right to breath.
This is getting silly.
You are correct that criminal law is proscriptive as in the stuff you are prohibited from doing is written down and if it's not so proscribed, you absolutely can do whatever it is.
As a matter of due process, the public may not be required to guess at what conduct may deprive them of their liberty (as in graybar motel) and therefore criminal laws are generally required to be understandable by a person of reasonable intelligence.
The proposition that just because the state does not give me an explicit statutory right to do something it's therefore up in the air as to whether I have the right to do it is simply preposterous and indicates a lack of understanding about (a) how our system of gov't works and (b) what a free society is. While I'm sure that people who think and talk that way don't realize it, what they are really doing is spitting on the graves of brave heros who gave their lives to obtain and secure our freedoms. I don't appreciate that for a lot of reasons.
For any cop who says that OC is up for "interpretation," a simple question: when you "interpret" such that you arrest someone for OC, what exactly are you going to charge them with? Don't your arrest forms require you to fill in a crimes code section? You can't arrest people for "interpretation."
The power and authority of the police is derived from written laws and hopefully guided by some common sense and professionalism.