Wednesday, January 9, 2013

Selective Application of the Law?

If I were to traipse around the city wearing nothing but a smile, I would be in violation of New York Penal Law § 245.00 Public lewdness. More than likely, I would be escorted down to the precinct, given something to cover up the unmentionables and held over for hearing.

Suppose upon release, I immediately shrugged off the ratty old blanket and opted for a second dose of naked traipsing right out in front of the precinct? What do you suppose would happen then? Correct... back in the slammer...right?

Now, suppose I am a fully clothed illegal alien, and I was arrested, run through the system and given a Court date to address my illegal status. If I were to be let go at that moment in time (as an illegal alien) I am still in violation of the law. Essentially, I am, again, traipsing around New York County breaking the law with blatant disregard just as I was before being arrested.

So my question is, exactly, does law enforcement (be it municipal police, or Federal Immigration Officers) justify knowingly allowing someone to break the law continuously between the time they are arrested and the date of their set hearing? The crime is not based on an occurrence. It is a trespass of ongoing one. Would the authorities not be obligated to stop an ongoing crime should they have knowledge of such?

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