Michigan’s House of Representatives has recently begun what is expected to be a long and drawn out effort to cut off the dead weight from the state’s penal code. This includes laws that have been on the books for ages but aren’t being enforced, which makes them unnecessary.
For example, in Michigan it is illegal to sell a dyed chick or bunny for Easter, to use profane language in front of women and children, and to put a bright orange collar on a dog who is not in use as a service animal for handicapped individuals.
It is also against the law to publicly shame a person for refusing to participate in a duel or to promote or host an endurance contest, like a walk-a-thon, that lasts for longer than a day. But there are more…. it is also prohibited in Michigan to play or sing the national anthem in a public place unless the entire composition is played as a whole.
Michigan’s penal code has been widely criticized as being disorganized, outdated, and far too large. This is underscored by a study done by Michael Reitz, executive vice president of the Mackinac Center for Public Policy and Miriam Aukerman, a staff attorney for the ACLU of Michigan.
The study, called Overcriminalizing the Wolverine State claims that the state’s penal code contains 918 sections, which is eight times more than the Model Penal Code. It is also considerably higher than the penal codes of our neighboring states
Lots of support to clean up the Michigan penal code
According to State Representative Chris Afendoulis, there is a lot of support from both law enforcement and practitioners of the law to clean up the Michigan penal code. “We just simply have too many laws,” he claims. “Many are old or archaic, unnecessary. Some are unconstitutional.”
The Representatives who have chosen to undertake this mammoth task have even formed a legislative work group. The group is tasked with going over the state’s 3000 criminal statutes in an effort to determine what is dead weight, and what can be eliminated. But it is not an easy job.
There is opposition to some of the laws that have been suggested for repeal, such as the dying of baby animals for Easter. Several animal rights groups along with the Michigan Department of Agriculture and Rural Development have spoken out, claiming that this law needs to stay on the state’s books.
Afedoulis is not daunted, and he has even bigger goals for the future. He intends to address the more controversial issue of decriminalizing certain more serious offenses, which includes a few that are punished by jail or prison time. But so far, no hints have been given as to which ones he is hoping to tackle.