Err on the side of legislating too few rather than too many crimes
Virginia lawyer on the dangers of our overgrown criminal justice system
Fairfax, Northern Virginia, criminal defense lawyer pursuing the best defense, since 1991
Why do I so vehemently oppose the proposed Virginia bill to make reckless driving a jailable offense when coupled even with as minor a traffic offense as exceeding the speed limit by one mile per hour?
My visceral opposition stems from my belief that this nation is too much of a police state already, where too many presumed-innocent people get denied pretrial bail, our incarceration rate and pretrial/probation supervision rate is through the stratosphere, the war on drugs further shreds the Fourth Amendment in the courts, too many unqualified police are on the street to enforce our overgrown criminal codes, no-fly lists keep too many people off airplanes,and police make pretextual Whren-permitted stops (unfortunately too often affected by racial and gender-based profiling) even for such minor violations as not wearing seatbelts or having a tailight out.
I favor erring on the side of legislating too few rather than too many crimes. Please join me.