Ethics and Morality Aspects in the US Law - Coursework Example

Introduction Moral issues confront us each day, challenge us in routine life. Dealing with these moral issues often laves us baffled. Criminal laws also deal with many issues like rape and murder but they have extended to include many issues that could be personal. This development took place in the last three decades. At times there were only a couple of federal criminal acts. "The American Bar Association reported in 1998 that there were in excess of 3,300 separate criminal offenses. More than 40 percent of these laws have been enacted in just the past 30 years, as part of the growth of the regulatory state. And these laws are scattered in over 50 titles of the United States Code, encompassing roughly 27,000 pages" (Rosenzweig, 2003). The criminal laws now deal with even minor offenses like spitting on the street, swearing, behavior in public places etc. These laws also deal with sexual offenses or behavior that over the years has evolved. The issues of 'White Collar crimes' that must have been dealt by specialized civil laws are now the part of the criminal laws. Similarly the street laws that should have been enforced by the state laws are also now part of the federal criminal laws. Criticism is hurled in the way of such legislations that they are most of the times too harsh on crimes committed by citizens. Over criminalization, is considered to be more politically motivated. These laws seem to be an attempt by politicians and federal bureaucrats to deal with crime rates. Instead of emphasizing the protection of individual rights, it preserves the political interests of the state and certain majority groups. The nature of such laws is such that it could lead to the misuse of criminal laws. The plummeted growth of such federal criminal laws has given way to a debate that over criminalization has resulted in crisis situation in America. Ethics & Morality Aspects Ethics and morality aspects come under discussion when the topic of over criminalization is debated. The ethics and moral issue is more personal then legal. What people choose to do in their personal lives cannot be completely regulated by laws and regulations. A very important approach to ethics has its roots in the philosophy of the 18th-century thinker Immanuel Kant and others like him, who have focused on the individual's right to choose for one. According to the Right theory philosophers, what makes human beings different from mere animals or inanimate things is that people have dignity based on their ability to choose freely what they will do with their lives, and they have a fundamental moral right to have these choices respected. According to them, people are not objects to be manipulated and it is a violation of human dignity to use people in ways they do not freely choose. There are certain ethical theories that grant people deviate in certain circumstance. For example telling a lie is considered ethically and morally wrong. In certain circumstances a person can lie to save one's own or some other person's life. If there was a law to regulate lying then that person would get caught. Laws in situations that involve moral or ethical issues can make things more complicated. Ethics and morality standards also vary from one person to another. Showing public affection for one person is ok but for another it is ethically incorrect. It is therefore hard to generalize one ethical standard on every person particularly with respect to issues related to people's personal choices. Rights under Constitution American constitution provides its countrymen the right of freedom of expression under its laws. Americans are of the view that this right of freedom is not just related to speech and writing but they can express themselves in any way possible. They believe they can do what they want and these are the rights people want to exercise when they confront strict laws that they think at times restricts their privacy and freedom of expression. In this regard, it would be necessary to mention the clauses invoked to support the point of view of privacy and freedom to do what they want. The first important link in the legal book is the First Amendment. According to the First Amendment of US Constitution, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances" (Hoge, Field, Foster & Nickel, 2002). It is not just the First Amendment that strengthens the right of freedom of an individual in the United States but another Amendment called Fourteenth Amendment also supports and guarantees equality to all of its citizens. The Fourteenth Amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (Hoge, Field, Foster & Nickel, 2002). On the basis of these two Amendments the citizens support their freedom of expression rights. Many people argue that strict criminal laws dealing with the people's personal choices restrict their rights under this Fourteenth Amendment. In fact many such laws come under direct conflict with these two clauses of the constitution. Many articles appear to restrict freedom of thought and expression, including press freedom. Federation & State Conflicts Federalization is another aspect of such criminal laws. If more and more laws are passed under the ambit of federation then the balance federation and state is disturbed. Most of the time Federal laws come in conflict with state laws that intend to protect state citizens. Under federal laws defendants have fewer rights as compared to state laws. For example, under Federal laws defendants have fewer procedural rights, lower standards for approval of search warrants etc. There are many differences in the two systems creating a possibility of conflict and exploitation as well. One important point of consideration is the size of federal court system. "The increasing number of federal prosecution also threatens to overwhelm the capacity of the relatively small federal court system, endangering its capacity to fulfill its other functions, such as the enforcement of federal constitutional and statutory rights" (Beale). Intrusion in Privacy A number of criminal laws now deal with sexual morality. There are many laws that make illegal certain activities such as gay marriage or sodomy. Such activities are still being carried out in society but cannot be caught by merely making laws in the Statute books. Gay couples still stay together but they might not be legally married. At times these laws have given freedom to prosecutors to unnecessarily intrude into people's lives. Surveillance techniques like scrutiny of public restrooms and use of undercover agents to catch people come under strict criticism. The laws dealing with issues dealing with sex, sexual preferences or fornication are then invoked by using such techniques. Some of the notions of sexual morality are now obsolete as sexual behavior and acceptability has changed over the years. Now laws related to fornication and adultery cannot ensure the chastity of the partners. These issues now come under the concept of private morality. Despite these changes a number of states in United States still carry criminal laws related to fornication and cohabitation. Laws are supposed to protect individuals and their liberties. "These developments are advanced in the name of the 'public welfare', an express invocation of broader social needs at the expense of individual liberty and responsibility. It is, ultimately, the triumph of a Benthamite utilitarian conception of the criminal law over the morally grounded understanding of criminal law advanced by Blackstone" (Rosenzweig, 2003). Drain on Resources Over criminalization requires the use of precious resources. Many resources are being used to counter the problems highlighted by laws that is most of the times are funded by public money or taxes. Implementation of these laws requires infrastructure, personnel and money. A cost benefit analysis should be carried out before passing legislations. Just passing legislation is an easy task but what follows could be a drain on government resources. At times such laws have proved to be futile in terms of results. Many in America now debate the issue of ban on all kinds of drugs. There are laws that were passed to deal with the issue of drugs and since then a lot of money has been spent in this war on drugs. "It is a plague that consumes an estimated $75 billion per year of public money, exacts an estimated $70 billion a year from consumers, is responsible for nearly 50 percent of the million Americans who are today in jail, occupies an estimated 50 percent of the trial time of our judiciary, and takes the time of 400,000 policemen -- yet a plague for which no cure is at hand, nor in prospect." (Buckley Jr. et al, 1996).This is just an example of how resources are being used up once legislation is enforced. This does not mean a law cannot be passed against an issue. There should be a thorough public debate to pass such laws. Also, in-depth analysis should be done to see if laws will be able to get results. The analysis should show that the resources used would be able to justify the ends. Conclusions Laws are made to regulate the behavior of people who can live in a just society. Serious crimes like murder, rape and robbery are dealt by strong legislation in the criminal laws. Once a law is enforced it also requires resources, government machinery, personnel to become operative. The inclusion of hundreds of offenses in the criminal laws has broadened its scope. This over criminalization of many public matters has started a strong debate in the country. Over criminalization has certainly created problems related to people's personal lives. The issues of tolerance and respect to people's private lives and civil liberties have come to the fore by over criminalization. There is a prevalent fear that such laws could result in abuse of people's liberties. Also, the conflict of state and federal laws is another aspect of the issue. The issues of increase in incarceration and prisons management also come to light. Over criminalization has also resulted in increase in the rate and duration of incarcerations in the United States. If balances and checks are not imposed in due time then this could lead to situation of crisis proportion. It is high time that the issues related to laws and legislations were looked into. Important decision should be taken whether such laws should be repealed and taken under the ambit of civil laws. References: Buckley Jr., W., Duke, R., Nadelmann, E., Schmoke, K., Sweet, R. & Szasz, T. (February 12, 1996). The War on Drugs Is Lost. National Review. Volume: 48. Issue: 2. 34+. Hoge, J., Field, S., Foster, S., & Nickel, P. (2002). Mandatory School Uniforms: A Debate for Students. Social Education. Volume 66. Issue 5. Rosenzweig, P. (April 17, 2003). The Over-Criminalization of Social and Economic Conduct. The heritage Foundation Retrieved April 09, 2006 from: http://www.heritage.org/Research/LegalIssues/lm7.cfm Beale, S. (n.d). The Many Faces of Over Criminalization: From Moral and Mattress Tags to Over federalization. Retrieved April 09, 2006 from: http://66.249.93.104/searchq=cache:31anyi5NjwJ:www.wcl.american.edu/journal/lawrev/54/beale.pdf%3Frd%3D1+Overcriminalization&hl=en&gl=pk&ct=clnk&cd=15 Normative Ethical Principles and Theories: A Brief Overview. Retrieved on April 09, 2006 from; www.stedwards.edu/ursery/norm.htm Read More