Tuesday, December 23, 2008

If Criminal Penalties Are Removed, What Will Deter Lawbreaking by Political Officials? | CommonDreams.org

"Punishment for lawbreaking is precisely how we try to ensure that crimes 'never happen again.' If instead -- as (The Washington Post's Ruth) Marcus and so many others urge -- we hold political leaders harmless when they break the law, if we exempt them from punishment under the criminal law, then what possible reason would they have from refraining from breaking the law in the future? A principal reason for imposing punishment on lawbreakers is exactly what Marcus says she wants to achieve: 'ensuring that these mistakes are not repeated.' By telling political leaders that they will not be punished when they break the law, the exact opposite outcome is achieved: ensuring that this conduct will be repeated."

And from the same article, a statement from the 1920s by Justice Louis Brandeis:

"In a government of law, the existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy."

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