Five years ago congress passed The Stolen Valor Act which makes it a crime to falsely claim to have earned medals for service in the U.S. armed services. The law imposes a maximum sentence of $5,000 and six months in prison. In 2007, Xavier Alvarez, a newly elected member of the Three Valleys Municipal Water District in Claremont, California, introduced himself to his fellow board members as a retired Marine of 25 years who, in 1987, was awarded the Congressional Medal of Honor. Alvarez never served in the military.
Following his federal indictment under this law, Alvarez pleaded guilty then appealed his conviction to the 9th Circuit Court of Appeals which, in a 2-1 decision, struck down the act on the grounds it violated free speech. The U.S. Solicitor appealed this decision, and the U.S. Supreme Court has agreed to hear the case.
In my view, unless the questioned lying is under oath, or pursuant to theft by deception, this behavior should not constitute a crime. If we're going to criminally prosecute fake war heroes, what about job applicants who submit phony private sector resumes, people who exploit bogus diploma-mill degrees, and politicians who tout fake backgrounds and nonexistent accomplishments? Where would it end?
While phony war heroes should be exposed and humiliated, I don't see what is gained, from a jurisprudence point of view, by sending this particular type of liar to prison. If despicable behavior is criminalized, there will be more people in prison than out. I will be surprised if the Supreme Court doesn't declare this law unconstitutional. (See: "Zero-Tolerance Policing," October 18, 2011)
Following his federal indictment under this law, Alvarez pleaded guilty then appealed his conviction to the 9th Circuit Court of Appeals which, in a 2-1 decision, struck down the act on the grounds it violated free speech. The U.S. Solicitor appealed this decision, and the U.S. Supreme Court has agreed to hear the case.
In my view, unless the questioned lying is under oath, or pursuant to theft by deception, this behavior should not constitute a crime. If we're going to criminally prosecute fake war heroes, what about job applicants who submit phony private sector resumes, people who exploit bogus diploma-mill degrees, and politicians who tout fake backgrounds and nonexistent accomplishments? Where would it end?
While phony war heroes should be exposed and humiliated, I don't see what is gained, from a jurisprudence point of view, by sending this particular type of liar to prison. If despicable behavior is criminalized, there will be more people in prison than out. I will be surprised if the Supreme Court doesn't declare this law unconstitutional. (See: "Zero-Tolerance Policing," October 18, 2011)
No comments:
Post a Comment