by Geo. H. Corrales, Carlsbad, California
Criminal law can do only two things: deter crime and/or punish criminals. People who refrain from committing crimes generally do so out of fear of punishment. That’s the deterrence aspect of law-making. On the other hand, people who habitually commit crimes do so because the punishment isn’t enough to deter them.
That’s where we see the second aspect of law-making: retribution, i.e., punishing someone for harming someone else. Sentencing, specifically, is part of the retribution process. If insufficient, deterrence fails. If sufficient, deterrence succeeds.
Some people don’t like laws that call for harsh punishment or retribution. But the fact is, it’s the punishment clauses that strike the balance between an effective law and an ineffective one.
When we have a law like the one that the Governor of Arizona recently vetoed, the Alien Invasion Act, the state’s residents are left open to what is truly an invasion. What she failed to recognize is that the law had great deterrent qualities because it was fair and effective with regard to the punishment clauses.
Few people crossing the border illegally today want to go through that arduous journey just to land in jail. Knowing that, they will think twice before doing so. In that sense, they would be deterred from entering the country illegally.
Moreover, as an effective deterrent, this law would have required fewer American resources to enforce it because more migrants would self-select or opt out of crossing the border illegally. In that sense, the law was self-enforcing, and that’s a good thing.
The governor’s reasons for rejecting the measure were illogical when viewed in this context. She betrayed the fact that she has no understanding of what makes a good law and what makes a bad law. This was a good law. It had great deterrent qualities.
Her emotions and political kowtowing are now putting Arizonans in jeopardy. Politics and optics—the fear of giving in to Republicans—blinded her to reason. She had an opportunity to do what was in the best interest of her state, and she blew it.
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