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It is not the case that Lawmakers should be cautious when criminalizing conduct like sodomy that is typically not witnessed by several people
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
The evidentiary difficulty of proving a crime is a reason to reform investigative procedures, not to decriminalize the underlying conduct.
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2.
Blackstone and the common law tradition held that some wrongs are so grave that society must prosecute them even when proof is hard to obtain.
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3.
Accepting evidentiary difficulty as grounds for decriminalization would equally require abandoning laws against private fraud, poisoning, and conspiracy.
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Reason for 2 of 2
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1.
Natural law theorists from Aquinas onward held that positive law has an obligation to reinforce moral norms independent of enforcement practicality.
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2.
A law's expressive function—publicly affirming community moral standards—retains value even when direct prosecution is rare or difficult.
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Reasons Against
1 perspective
Reason against
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1.
Crimes not typically carried out in the presence of several witnesses are difficult to prove
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2.
Criminalizing such conduct opens a very wide door to calumny
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3.
Laws should not facilitate false accusations against innocent persons
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