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Inverse View
It is not the case that Laws should not criminalize conduct that is inherently hard to prove, such as witchcraft
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Rousseau and natural law theorists hold that law's legitimacy derives from its correspondence to genuine moral wrongs, not from prosecutorial convenience.
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2.
If witchcraft were a real harm, the state's inability to easily prosecute it would not diminish its status as a wrong deserving legal prohibition.
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3.
Montesquieu's argument conflates the epistemic limits of courts with the normative question of what conduct a just legal order ought to prohibit.
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Reason for 2 of 2
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1.
The evidentiary difficulty of proving a crime is a procedural problem to be solved by law of evidence, not a reason to decriminalize the conduct itself.
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2.
Blackstone's procedural reforms and the development of rules against spectral evidence show societies can regulate proof standards without abandoning criminalization.
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Reasons Against
1 perspective
Reason against
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1.
Laws should make it as easy as possible for an innocent person to prove innocence
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2.
Crimes that are inherently difficult to prove make it nearly impossible for an innocent person to establish innocence
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