#4: Overcriminalization: A Rising Issue
One
flaw in the justice system of our great nation is the push toward overcriminalization.
The ill-bred idea that a person must pay with their liberty if they have
committed a wrongdoing of any degree is selfish and close minded. Best summed
up by Lisa Monet Wayne, past president of the National Association of Criminal
Defense Lawyers, "Not all tragedies involving human conduct belong in the
criminal justice system."
A topic that falls into this category of overcriminalization is the issue of drowsy driving, which seems to have sparked off continuous debate over the last few years. Although, I must admit, drowsy driving has taken a deadly toll on many, many innocent victims, such behavior lacks a certain quality that would otherwise categorize it as a crime--the quality of criminal intent, "a clear delineation of the driver's mental state."
It is not hard to admit that many teens, as well as many adults, do not get the proper amount of sleep their bodies need. This is usually the result of constant stress build up from demanding deadlines coupled along with the havoc of keeping up with social lives. As individuals try to balance the two, sleep slowly begins to be neglected. To make up for this loss in sleep, people are starting to slip in a few unintentional snoozes here and there as their day drags on--the more concerning of these snoozes are those that are taken behind the wheel. The question at hand is whether or not such an action should be placed in the criminal justice system--was it or was it not performed with criminal intent? Think about all the stories of accidents you've heard that involved drivers dozing off while driving. Now, think about how many of those incidents brought results in which the driver came out unharmed, not a single scratch, perfectly fine, no scars or bruises. Close to none, right? The fact is, people don't just choose to fall asleep behind the wheel, as it not only places others in danger, but also puts themselves in the same vulnerability and, often times, even worse. The effects of drowsy driving are so unpredictable and devastating that no one in their right mind would intentionally fall asleep behind the wheel in hopes of playing a hand in an awful tragedy. Furthermore, no person on earth can help himself from becoming tired. You can drink all the caffeine you want but, eventually, the drowsiness will catch back up and kick in. We are all human and it is what's natural--we feel tired so we sleep. I understand, however, that one of the main points the opposition has to offer is that individuals should have the common sense to stay at home if they're too tired instead off recklessly choosing to drive out on the roads and putting many people at risk of being harmed. Let me ask you this: In our society today, is it really possible for a person to just skip school or work just because they feel too tired to move? Not likely. When was the last time your mom let you skip a day of school just because you stayed up too late and didn't feel like functioning? When was the last time your boss let you skip work because you were way too tired and grumpy to cooperate with others? You see, in the world that we live in, if you're tired, then too bad for you. Get yourself together and truck through the day, no matter how obnoxious it may be. What is more, many schools and workplaces are imposing strict rules regarding the number of absences an individual may have before it begins to permanently affect him. Thus, skipping a day of school/work is not an option.
2.3 million people are behind bars. The U.S. has more prisoners per capita than any other nation on this earth. A good proportion of these prisoners are those with offenses that have inadequate intent requirements. Therefore, as a nation, we must assiduously consider the unprecedented increase of legislation taken to regulate human behavior. As mentioned before, "not all tragedies involving human conduct belong in the criminal justice system."
A topic that falls into this category of overcriminalization is the issue of drowsy driving, which seems to have sparked off continuous debate over the last few years. Although, I must admit, drowsy driving has taken a deadly toll on many, many innocent victims, such behavior lacks a certain quality that would otherwise categorize it as a crime--the quality of criminal intent, "a clear delineation of the driver's mental state."
It is not hard to admit that many teens, as well as many adults, do not get the proper amount of sleep their bodies need. This is usually the result of constant stress build up from demanding deadlines coupled along with the havoc of keeping up with social lives. As individuals try to balance the two, sleep slowly begins to be neglected. To make up for this loss in sleep, people are starting to slip in a few unintentional snoozes here and there as their day drags on--the more concerning of these snoozes are those that are taken behind the wheel. The question at hand is whether or not such an action should be placed in the criminal justice system--was it or was it not performed with criminal intent? Think about all the stories of accidents you've heard that involved drivers dozing off while driving. Now, think about how many of those incidents brought results in which the driver came out unharmed, not a single scratch, perfectly fine, no scars or bruises. Close to none, right? The fact is, people don't just choose to fall asleep behind the wheel, as it not only places others in danger, but also puts themselves in the same vulnerability and, often times, even worse. The effects of drowsy driving are so unpredictable and devastating that no one in their right mind would intentionally fall asleep behind the wheel in hopes of playing a hand in an awful tragedy. Furthermore, no person on earth can help himself from becoming tired. You can drink all the caffeine you want but, eventually, the drowsiness will catch back up and kick in. We are all human and it is what's natural--we feel tired so we sleep. I understand, however, that one of the main points the opposition has to offer is that individuals should have the common sense to stay at home if they're too tired instead off recklessly choosing to drive out on the roads and putting many people at risk of being harmed. Let me ask you this: In our society today, is it really possible for a person to just skip school or work just because they feel too tired to move? Not likely. When was the last time your mom let you skip a day of school just because you stayed up too late and didn't feel like functioning? When was the last time your boss let you skip work because you were way too tired and grumpy to cooperate with others? You see, in the world that we live in, if you're tired, then too bad for you. Get yourself together and truck through the day, no matter how obnoxious it may be. What is more, many schools and workplaces are imposing strict rules regarding the number of absences an individual may have before it begins to permanently affect him. Thus, skipping a day of school/work is not an option.
2.3 million people are behind bars. The U.S. has more prisoners per capita than any other nation on this earth. A good proportion of these prisoners are those with offenses that have inadequate intent requirements. Therefore, as a nation, we must assiduously consider the unprecedented increase of legislation taken to regulate human behavior. As mentioned before, "not all tragedies involving human conduct belong in the criminal justice system."
Work Cited
Fitzgerald,
Kelly. "Drowsy Driving Is Frequent And Dangerous." Medical News Today. MediLexicon International, 01 Apr. 2013. Web. 10
Feb. 2013. <http://www.medicalnewstoday.com/articles/254576.php>.
Stobbe, Mike.
"Drowsy Driving: 1 in 24 Admits Nodding off at the Wheel." NBC News. N.p., 3 Jan. 2013. Web. 10 Feb. 2013.
<http://vitals.nbcnews.com/_news/2013/01/03/16328004-drowsy-driving-1-in-24-admits-nodding-off-at-the-wheel?lite>.
Wayne, Lisa
Monet. "What's Missing Is Criminal Intent." The New York Times. N.p., 25 Dec. 2012. Web. 10 Feb. 2013.
<http://www.nytimes.com/roomfordebate/2012/12/25/should-drowsy-driving-be-illegal/in-drowsy-driving-there-is-no-criminal-intent>.
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