One Tool To Replace Them All: The Curious Case Of Disorderly Conduct

About the catch-all legal concept of "disorderly conduct", we have often had mixed feelings about it.  But over time, I have come to realize that it does serve as a necessary and proper, albeit nuanced, tool as crowd control as well as a substitute that allows us to ultimately jettison from the books all "status offenses" and all of what the late, great Peter McWilliams called "consensual crimes" aka victimless crimes.  (Sorry not sorry, James Q. Wilson.)

One tool to replace them all, basically.  And additionally, we need to get tough on REAL crime, of course.  Common sense, basically.

Loitering, curfew, "underage" drinking or smoking, drunk but NOT disorderly, simple drug possession, vagrancy, and so many other things could easily be made redundant and removed from the law books.  Of course, once these things become littering, trespassing, vandalism, DUI, harassment, assault, or disturbing the peace, etc. THEN they would become and remain illegal.

When dealing with large and unruly crowds, of course, it's not always so simple or cut and dried, and in the moment, the concept of "disorderly conduct" sometimes needs to be invoked to restore order.  And all states have some flavor of this.

We believe that disorderly conduct should be 1) defined broadly enough to be fit for purpose, but not too broad, 2) be a mere violation/infraction for at least the first or even the first two offenses, albeit briefly arrestable for practical purposes, and 3) applied in a non-discriminatory manner, whether by race, gender, class, ability, orientation, etc., and especially age.

There are of course whole towns on the Jersey Shore right now who have youth curfews in part because New Jersey's juvenile injustice reform went too far in that regard, with the police having to follow such restrictive protocols in practice.

The gist of this whole issue being, collective punishment (to youth or anyone else) is inherently and irredeemably evil and needs to end yesterday.  And if the admittedly imperfect concept of "disorderly conduct" needs to remain on the books to prevent resorting to collective punishment, so be it.

For example, New Jersey in fact already has a fairly decent law on the books right now.  (Just apply it to all ages, basically.)  So there should be no excuse to resort to youth curfews or anything else. 

UPDATE:  To clarify, when I say a "violation or infraction", that means an offense that carries a civil or administrative penalty, thus no criminal penalties and no criminal record.  Some states currently do this for disorderly conduct, while others have it as a misdemeanor or the equivalent (which is a criminal offense, with criminal penalties and often a criminal record that can haunt you for the rest of your life).  We believe a modest civil penalty with no criminal record is appropriate for something like this.  Ditto for any other "consensual crimes" or "status offenses", and that is IF there must even be any such thing at all (a VERY big "if").

The 21 Drinking Age Is An Inherently Violent Law

Let's put this as bluntly as possible.  The 21 drinking age is an inherently violent law, at least the way it is typically implemented.  And insofar as it is violent, it its also therefore a hate crime against young people.

Except perhaps for those shrinkingly few jurisdictions in this country where it is not vigorously enforced or only enforced on vendors, enforcing such an illiberal law against a victimless crime is inherently violent.   In fact, it is literally impossible for police to enforce against young people themselves without violence or the threat of violence.  And if you resist such efforts, that is "resisting arrest".   Try to imagine a non-violent version of such an abomination--you literally can't!

One yardstick we like to compare it to is the smoking age for tobacco in still many parts of the country.  New York State, for example, has a legal minimum sale age of 18 for all tobacco products and e-cigarettes.  NYC and Suffolk County set it at 21, and a few other counties such as Nassau set it at 19.  But in all of the state, the age limit only pertains to who can buy it, and only vendors are penalized for it.  Purchase, use, and possession (PUP) under the legal age are not actually illegal in NY.  I believe that even furnishing cigarettes to people under the legal age in private is not a punishable offense either.  That is an example of a (relatively) non-violent smoking age, if one can argue that there is such a thing.

Yet we can't seem to recall anywhere in the country, except maybe Louisiana, that has a 21 drinking age that follows such a model in theory or practice.  And unfortunately many parts of the country are increasingly following the typical drinking age model (or worse) for cigarettes and now cannabis as well.

That said, we would still vehemently oppose the age limit for alcohol, tobacco, or cannabis set any higher than the general age of majority regardless, as it is still an unduly paternalistic violation of civil rights and liberties.  That means no higher than 18, period.  As for people under 18, ideally there should be no penalties for simple possession or private consumption per se, but if there must be, they should be no worse than a traffic ticket and there should be no jail time or criminal record involved.  We would grudgingly support such a thing only to avoid making the perfect the enemy of the good (and thus ending up with neither).  But otherwise, any age limit should be enforced only on vendors (with violations punishable by liquor licence suspensions/revocations) and perhaps people over 18 who otherwise knowingly furnish such substances to people under 18 (for example, by fining and "blacklisting" such scofflaws from buying alcohol for a period of time).  The criminal law is far too harsh a tool to apply to such things per se, except perhaps in truly egregious cases.

But as for drunk driving, drunk violence, and other alcohol-related crimes with victims, we say, NO MERCY!  Do the crime, do the time.

Oh, and by the way, during Prohibition (1920-1933) when alcohol was banned for all ages, it was actually NOT illegal to possess or consume alcohol per se.  It was of course illegal to sell, manufacture, transport, or give away such beverages, but drinking itself was not a crime.  Thus, the current ignoble experiment that is the 21 drinking age is in fact more violent than 1920s Prohibition for people under 21.

Let America be America again, and lower the drinking age to 18.  If you're old enough to go to war, you're old enough to go to the bar.  'Nuff said.