This is a huge problem with the U.S. legal system. A lot of common behavior has been criminalized, to the point where most people could probably be pursued for something. There's a general shrug about this, followed by a "I doubt they'd actually go after you for that." But that ends up meaning that authorities can target an individual when they want to, and since this is often followed by throwing a lot of shade about the targeted individual people think it's justified.
Is this a fact about the U.S. legal system, or about legal systems in general? (This isn't a rhetorical question - I'd actually be interested to hear an answer from someone who has knowledge of multiple legal systems.)
> Is this a fact about the U.S. legal system, or about legal systems in general?
I can't speak to other legal systems, but the fact that here in the USA we have a large "private prison industry", coupled with the fact that these prisons often sell their "prisoner work services" (or whatever they call them) to other companies, and they lobby Congress for these new laws, and for more prisons to be built, etc...
Yeah - they kinda have an incentive to make more people break laws - so they continue to get more "employees" (and more "campuses") to be able to sell these services to more companies (who like the access to these cheap services - much cheaper than hiring their own employees, sometimes even cheaper than overseas workers - prisoners are pretty cheap to employee as a group!).
I'm sure that this is a trend, though, that might expand worldwide, if it hasn't already...
A lot of small businesses get caught up in structuring charges. The IRS requires banks to report deposits of greater than $10,000. But it's illegal to break up a large deposit into multiple deposits that are less than $10,000. (IANAL, so I'm not sure if you have to do this with the intent of actually avoiding the reporting requirement.)
For lots of small businesses in cash-heavy markets (e.g., gas stations or convenience stores), it's pretty easy to end up making a series of $8000 deposits and end up being charged with structuring. Regardless of whether you can beat the charge, the cost of having to defend yourself is punishment enough.
Of course, you can argue that this isn't really common --- most people aren't small business owners who happen to be making just under $10,000 every week. But the point is that even though each of these laws ends up targeting a small fraction of people, there are enough of them that everyone ends up violating a few of them at some point.
Off the top of my head... Distracted driving is a crime in many states now (where distracted has been interpreted more or less broadly to include electronic devices or even eating while driving). Having a phone playing Spotify/Pandora/$X into your car stereo can be a punishable offense in MA, OR, WA, NY, etc.
Just because there have not been actual convictions for said offenses does not mean they are not prosecutable. Depending on the state, simply interacting with an electronic device while driving (to change the station for example), can be a punishable offense.
Distracted driving is now the leading cause of traffic accidents, above even speeding and drunk driving. That to me is a strong sign that it ought to be illegal.
Also, traffic infractions usually aren't crimes or misdemeanor in most jurisdictions.
To be fair it probably always has been the leading cause. Especially if you include things like yelling at your kids to stop messing with each other, day dreaming, etc. The issue isn't that it is dangerous, the issue is that it is selectively enforced.
Also, regardless of the level of criminality, driving infractions can be/are selectively enforced. Being pulled over for being distracted can quickly lead to being arrested for some other offense, or for the police to search your car, or even for them to claim you were aggressive and shoot you dead.
License plates aren't exactly common on wood splitters, irrigation trenches, concrete mixers and other towable equipment that's small enough to be a two man lift but they're required. In some states it's a higher end misdemeanor to not have your papers in order when traveling on public roads.
I know that's not something the typical urban/suburban HN visitor deals with on a daily basis but it happens.
It doesn't have to be common or recent as long as a sufficient number of people are caught in the dragnet.
These laws exist to only be used sparingly as needed. They're to be used as a surprise "gotcha" for someone that couldn't otherwise be "gotten" If prosecution under these sort of laws was overused they the laws would be changed.
