Dumb And Outdated Arizona Laws

464997291Arizona will be the focus of this post on outdated and dumb state laws. Many of the most ridiculous laws on the books in this state appear to be attempts to govern private behavior. Others simply don’t seem to make any logical sense at all. The following article details some of the stand-out ones among stupid state laws.

Although summer temperatures in Arizona can top 120 degrees Fahrenheit, it might seem unlikely anyone could get in trouble for refusing another person a glass of water. This refusal is unlawful and can result in a fine. The desert state might seem an unlikely place to find camels, but they do roam free after a failed US Army experiment. Hunting them is prohibited by law.

Probably the most outdated dumb law is in effect in Maricopa County, Ariz. It states that no more than six women can live in the same house. Otherwise the house would be considered a house of prostitution. Another nonsensical law dictating private behavior outlaws more than two dildos kept in the same residence. In Mojave County, any person apprehended stealing soap is required to wash him- or herself with it until it’s all gone. Rather unbelievably, women are prohibited from wearing pants in the city of Tucson.

In the Phoenix suburb of Tempe, no one under the age of 18 is allowed to buy spray paint, though some may agree with this attempt to curb spray-painted graffiti on walls. Another law that many state residents find acceptable is the prohibition of cutting down saguaro cacti, which are treasured symbols of Arizona statehood. Another wildlife related law prohibits donkeys from sleeping in bathtubs, though it seems rather absurd there would be enough of a need for this law to be passed.

While crime doesn’t pay in the first place, it’s inadvisable to commit any misdemeanor crime in the state of Arizona while wearing a red ski mask. Doing so will automatically have the crime in question upgraded in severity to a felony. If any person is attacked by a mugger in Arizona, he or she is allowed self-defense only with the same weapon the mugger has. Follow us for more on law, crime and legalities.

The Fifth Amendment Explained

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The fifth amendment to the US Constitution is designed to protect people against self-incrimination when they’re arrested on suspicion of a crime. It helps to ensure the treatment of the accused as innocent until proven guilty. A specific clause in the amendment prevents double jeopardy, which is a situation of an accused person brought to trial twice for the same crime. The same amendment also ensures the right to due process of law, a speedy trial and the right to fair compensation paid to crime victims.

According to the fifth amendment, no one accused of a crime can be forced to testify against him- or herself in a court of law. This extends to the requirement that the accused can’t make statements that count as self-incrimination. This amendment is the origin of the right to remain silent when arrested, and it’s tied closely to the Miranda rights that need to be read to anyone upon arrest.

The idea of the right to remain silent comes from the 17th century English politician John Lilburne, who refused to sign a pledge to answer every question asked of him upon arrest for distributing Puritan literature. Even after public corporal punishment, he continued to campaign for the rights of the accused and for protective measures against their being imprisoned for crimes they didn’t commit.

Further development of the fifth amendment is credited to James Madison, the fourth president of the United States and one of the framers of the Constitution. He wrote that no one should ever be forced to be a witness against him- or herself in any type of criminal case. Several of the first US states didn’t include these protections in their individual constitutions, and Madison felt it was vital the rights of the accused be preserved on a federal level.

Since its inception, the fifth amendment has been changed and updated several times over the centuries. These amendments have included exceptions when public safety is immediately at risk and when a non-custodial parent is accused of kidnapping his or her child away from the custodial parent.

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What Is The Three-Strike Law?

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The three strike law is also referred as the habitual offender laws. These are statutes that are enacted by different states in the United States of America to ensure that people who have the habit of committing crime get higher sentences in subsequent crimes. This is so for offenders who have been convicted of two crimes of a serious nature prior to the third crime. In most of the states that have three strike laws in place, offenses that amount to felony are what is deemed as serious offenses.

The punishment that these habitual offenders face is majorly life sentences since the law seeks to increase the sentences served by these people. The enactment of the three strike laws in different states may vary but most states ensure that the offender is jailed for a minimum of 25 years and some even get the full life sentence. Some of the offenses which lead to such sentences include violent murder, burglary, firearm violations and many more. The law therefore seeks to put away serious criminals for longer period with an aim of reducing the levels of crime experienced in different states.

The effectiveness of the law however has been questioned in some states. People with prior criminal record are sent to prison for longer even for crimes where they would serve shorter sentences. This has led to an increase in the population in the prisons and therefore the government spends more money to keep these criminals away. This has not augured well with some leaders and therefore the challenging of the law. However, in some states, the law has worked well and the level of criminal activity has been on a decline.

The three strike law has been seen as an infringement on the rights of some of the citizens in some states. It is against the law to offer and unjust and cruel punishment for a crime and this has been promoted by the use of the law. People who commit minor crimes may be sent away for long periods and therefore an infringement on their rights. Well, although this may be true, it leaves the question of whether or not the law should continue being used in different states.

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What Are My Rights For Arizona DUI Checkpoints?

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If you have a habit of driving while intoxicated, then you have a reason to fear DUI checkpoints. However, law-abiding citizens have nothing to fear. DUI checkpoints are usually mounted and manned by local police departments to ensure Arizona roads are free of criminals and drunk drivers. While they may be important in law enforcement, we know that innocent civilians may be arrested by mistake. When approaching an Arizona DUI checkpoint, you should know your constitutional rights. However, you should also remember that the police also have certain rights which must be respected. The Judge’s Chamber: Law Blog takes a look at some of your rights.

Your Constitutional Rights

One of the most important constitutional rights, is the right to privacy. However, you also have the duty to provide the police with your license, registration, ID and proof of residence. Whether you’re driving while intoxicated or not, you do not need to take a breath test or field sobriety tests. In Arizona, however, your driving license may be suspended for a year if you refuse to take a breath test when requested.
You also have the right to deny the police permission to search you or your vehicle. Remember to be civil and polite when communicating with the police. If police have any reason to suspect you are intoxicated, you may be arrested and taken to the police department where they can get a warrant to test your blood alcohol content. You will then be required to comply with the warrant. A certified phlebotomist at the station will take a blood sample for testing. If your blood alcohol content is above the legal limit, you will be charged with DUI.

When you are being placed under arrest, you have the right to be informed of all your rights. Which include:

– The right to remain silent, so you should stop answering questions as soon as you’re arrested
– The right to an attorney. If you cannot afford an attorney, you should not answer questions about the case until a public attorney is appointed to handle your case

Knowing your rights is important, but knowing your obligations is much more important. After all, refusing to do something you are required to do may result in an additional charge of resisting arrest or something else. Follow us for more on law, crime and legalities.