Oh, I'm sure you can. Does it make sense? Certainly not.
This issue serves to point up a sticky legal issue; the difference between malum prohibitum and malum in se. Unfortunately, the former seems to be gaining a lot of ground.
Malum prohibitum is the concept that an action or inaction is deemed to be illegal just because "we say so." There is no moral or ethical justification for the ban upon it, it simply is. Why? Who knows - control? Funding? Could be anything. Vehicle registration is a reasonable example of this: while I can understand paying a single instance of vehicle registration at the time of a change of ownership, I cannot understand the justification for a recurring charge (read: tax) which simply generates revenue for the state while offering no tangible benefit to the taxpayer for the money paid out. Once the change of ownership is registered with the state database for vehicle ownership, there is no need to pay to maintain the data - which has itself likely not changed. Factor in the "service" received at the typicaly Motor Vehicles Branch Office, and you really aren't getting anything for your money (my objection to taxation is not the actual fact of taxation in and of itself, but the fact that the people - who are paying these taxes - aren't offered a chance to review what is going to happen to the money as a rule, and that there is typically little to no return on investment.) So, what am I really paying for - other than just funding something similar to the old MAFIA "protection" scams (you pay us and we'll leave you alone...)
Another example is the typical speed law - especially on freeways. I'd like to hear what the typical margin is between the roadway design speed and the artifical speed limit set by law, I'm sure it's more than we are lead to believe. I fail to see the moral justification for a speed limit on freeways - apart from the use of the speed law as a mechanism for funding a police department that really ought to have better things to do. Think of speeding tickets as another "driving tax" that they're going to hit you with sooner or later. I cringe every time they buy more equipment for "traffic enforcement" out here (the latest are the CHP "Stealth Camaros" from a few years ago - painted all white with 3" high lightbars) because I just know that they're planning on ticket revenue to pay for the equipment, rather than using money they already have.
I don't buy safety as a reason for speed limits - if safety was really at issue, they'd do a much better job of driver training and you'd see more people failing operator's license tests. Considering the calibre of driver I see out here, I think half of them should be failed out of hand.
"Carpool lanes" are another example of a law as useful as the vermiform appendix, but I'd never shut up if I got started on that one...
So, what is the reason behind having the front plate? It's another issue of malum prohibitum - only it allows them to enforce an unjustifiable law with the use of equipment rather than personnel. Photo RADAR is essentially unworkable without a front plate (there's just too much error on a receding vehicle, and the plate can be obscured too quickly.) If an intersection has problems with too many people not heeding the control device, then post someone out there to GET them under control (I actually think red light tickets aren't big enough - that's a safety hazzard, and while I don't like that we have so many drivers who can't handle the road and therefore make control devices a necessary evil, there is no legal or moral justification for willfully endagering other people. Enough said there.) If there's a problem that requires attention, put a cop there and not some electronic device. I find it interesting that there are still quite a few states which have continued to maintain the opinion that photographic enforcement devices (photo RADAR, red light cameras, &c.) are still considered to be a violation of Sixth Amendmdent rights - specifically, that an unattended device violates the rights of the accused "to be confronted by the witnesses against him." How is one meant to effectively cross-examine an electronic device designed for unattended operation in open court?
Since I haven't covered it yet, you're probably wondering what is meant by malum in se (unless you have taken at least basic Latin.) Anything which is considered malum in se is something that is wrong by its very nature or is immoral, unethical, or damaging upon its face. Examples of this include the "capital" crimes (murder, assault, rape, and the like,) nearly any "crime against the person,) or anything forbidden in the classic "Ten Commandments" which has been codified into law. This would also include anything which does not work in the furtherance of justice when such matters are being heard in open court - perjury, obstruction, and the like. Simply put, this is any action where the "reasonable" individual would easily see that there is a moral or ethical reason not to do this, and could explain this reason simply and clearly. Really, this is pretty obvious.
Can not having a front plate - even when the law says one is required - be said to be malum in se? I'd really like to hear this explanation. Frankly, I'd like to hear the justification for about half of the laws we are saddled with and subject to, which we have probably never heard of.
Yeah - I've gone and started ranting again, but perhaps this is going to provoke some thought, and maybe help to start a simplification of our system of laws, rather than sitting by and allowing further complication. How many of you break at least one law per week without knowing you do it? I'd bet that number is higher than we all think...
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