Happiness:
By your logic changing the statute to say all crime in any form has a punishment of at least 50 yrs to life would be neither "cruel or unusual"? Hardly. First time robbery 50yrs, first time car theft, 50 yrs. It is never going to fly.
Actually, legally speaking, the issue of imprisonment is what would be judged as "cruel and unusual". The
extent of the term of imprisonment is determined under a principle termed proportionality. This is why we have gradations in punishment--both theft and homicide are considered crimes where incarceration was a fair punishment, but imprisoning someone for life on a theft charge is disproportionate to the crime and would be challenged on this merit. So, we have a system where a 1st degree crime/A felony/whatever your state calls it gets a more lengthy period of incarceration than a 4th degree/D felony/etc. It still is not a sentence intended to reform or rehabilitate, just to
punish in a manner and degree proportionate to the crime.
ArrogantBastard:
The only restrictions that might make sense is on people who are law-abiding, but have poor impulse control -- poor impulse control + guns is a bad idea. However, practically, this opens up a very slippery slope.
1) a great many convicted felons are in prison precisely because they have poor impulse control--"I wanted his watch so I punched him and took it"..."he looked at me wrong so I shot him"...etc. Unfortunately we cannot punish a person for what he
might do, only for what he has
already done (and before people jump all over this--a convicted felon has
already committed his crime, therefore opening him to the punishment of losing the right to vote and the right to possess guns).
If a standard of poor impulse control is all we need, let's also apply that to getting a driver's license, using alcohol, having children...poor impulse control+all of these things is also a bad idea.
(side note--saw your namesake in the local liquor store this weekend and had to try it.
Very nice.)
Officer's Wife:
Traffic laws are financial tools not criminal law. ... If you want specifics, drug laws, so called victimless crimes such as gambling, public intox, prostitution,et al.
I will disagree with the
intent of traffic laws as financial tools, but sadly have to agree that in some jurisdictions they are abused to become such. Incarceration as punishment for traffic violations (as well as DP or misdemeanor offenses) is seen as excessive and disproportionate, therefore financial penalties are all that is left as a punishment. It's not a great answer, but it's all we have available.
As far as the second part, you essentially want Amsterdam with open carry and casinos. Gotta say I'm basically on your side here.
ArfinGreebley:
I absolutely agree with you about open carry, but the arguments that people make regarding "it was better in the old days" don't carry water. Society has changed significantly in the last 100 yrs. Population density has increased significantly, demographics have changed, general attitudes about responsibility and accountability have changed...and not for the better. I remember not needing to lock my front door as a kid (and we didn't have guns in our neighborhood, either)--no way I'd do that today, even though I live in the same "good" neighborhood. While part of me finds an appeal to the Darwinian "natural selection through firepower" argument, the reality is that we don't live in a society where the majority would tolerate the "innocent" body-count that would go up before we reached Heinlein's truth. The reality is that a LOT of victims would be killed before that equilibrium is reached, and that criminal acts-by necessity-would need to jump to lethality IMMEDIATELY to prevent a counter-strike (no more "give me your wallet", now it's "boom"...rifles through victim's pockets). Such a scenario could play out to your utopia a-la Heinlein, or a Mad Max-like dystopia where visits to the grocery store require Kevlar and running gun battles. Personally, I think it'll fall somewhere in the middle where order will exist, but where more innocent people will be hurt than bad guys.
Blackbeard: +1