Wednesday, June 29, 2011

Another Mistake

This time, the problem is more the fault of the General Assembly than the Indiana Supreme Court.  This has no mens rea requirement, and it is unclear exactly what kind of conduct it makes illegal.  (Being intoxicated is not an action, and any action that might be prohibited by this statute/section is prohibited only by implication.)  It is an outright revolt against the most basic rules of the common law tradition.

And that is to say nothing of the fact that it prevents the transportation of drunk people by others, from one private location to another, for no conceivable reason, and against the rightful liberty of every person.

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