Should Polygamy be Legal in Canada?
Thursday, June 9, 2011
This is a paper I had to write for my Profiles in Crime class regarding the Warren Jeffs phenomenon.
Enjoy.
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Should Polygamy be Legal? Kala Bennett-Alexander June 9, 2011
According to discussion in Profiles of Crime Week 4 class to consider an act a “crime” it has to meet five main properties. The five properties are intent, harm (physical act), morality, seriousness, and victim.
Intent or Mens Rea is evident with regards to polygamy because the men intend to enter into a marital-type relationship with more than one woman. Secondly, the physical act (Actus Reus) of marrying another woman in a binding “ceremony” while being legally married to another woman is performing the physical act of polygamy. With regards to morality in our society we frown upon polygamy as it is not the norm and legally you are only allowed to be married to one person at one time. On a personal scale between 1 and 10, 1 being not serious and 10 being extremely serious, the seriousness of polygamy rates at about a 2 when compared to murder, kidnapping and grand theft auto etc giving it a less than exuberant seriousness rating. Lastly, when considering the victims that come out of the act of polygamy, it really depends on your point of view. For Example, one man can have more than 80 children and one could possibly wonder if each child gets enough personal and private time with their father, which could adversely affect the child’s development.
If we apply all properties involved with polygamy, it clearly meets at least 4 out of 5. This could be an indicator as to why the Canadian Government lists polygamy as a crime.
Even thought the act of polygamy meets the criminal requirements, I still believe it to be a lost cause in regards to actually being a criminal act. I believe that if we decriminalized polygamy then there would be less people being arrested and/or jailed for the crime, and the government could make more money by charging each couple for the second or third etc marriage licence they would have to get. I am sure there could be some tax penalization applied as well. The government would also save time by not having to use the police force to investigate these matters.
On the other hand, neglect, entrapment, child abuse, sexual abuse and forcible marriage to underage girls has been reported in a higher instance within the polygamist communities so the use of social service workers and social workers would have to be introduced and regulated in their communities to make sure that all parties involved are being treated with dignity and respect. Also, if all polygamist marriages are recognized and legal then the province could monitor the ages of these girls getting married. The cost of having the extra social service workers and social workers introduced into the polygamist communities would most likely be substantial but could offset itself against the lessening of the burden to our judicial system, use of police force and charge of legal marriage licenses and other applicable tax incentives/charges.
In conclusion, with weighing the pros and cons of decriminalizing polygamy, I believe it to be a slight act compared to other acts we consider crimes. Can we really consider having two wives illegally at the same level as a serial killer or drunk driver? Personally I don’t think they are comparable at all.
Enjoy.
___________________________________________________________________
Should Polygamy be Legal? Kala Bennett-Alexander June 9, 2011
According to discussion in Profiles of Crime Week 4 class to consider an act a “crime” it has to meet five main properties. The five properties are intent, harm (physical act), morality, seriousness, and victim.
Intent or Mens Rea is evident with regards to polygamy because the men intend to enter into a marital-type relationship with more than one woman. Secondly, the physical act (Actus Reus) of marrying another woman in a binding “ceremony” while being legally married to another woman is performing the physical act of polygamy. With regards to morality in our society we frown upon polygamy as it is not the norm and legally you are only allowed to be married to one person at one time. On a personal scale between 1 and 10, 1 being not serious and 10 being extremely serious, the seriousness of polygamy rates at about a 2 when compared to murder, kidnapping and grand theft auto etc giving it a less than exuberant seriousness rating. Lastly, when considering the victims that come out of the act of polygamy, it really depends on your point of view. For Example, one man can have more than 80 children and one could possibly wonder if each child gets enough personal and private time with their father, which could adversely affect the child’s development.
If we apply all properties involved with polygamy, it clearly meets at least 4 out of 5. This could be an indicator as to why the Canadian Government lists polygamy as a crime.
Even thought the act of polygamy meets the criminal requirements, I still believe it to be a lost cause in regards to actually being a criminal act. I believe that if we decriminalized polygamy then there would be less people being arrested and/or jailed for the crime, and the government could make more money by charging each couple for the second or third etc marriage licence they would have to get. I am sure there could be some tax penalization applied as well. The government would also save time by not having to use the police force to investigate these matters.
On the other hand, neglect, entrapment, child abuse, sexual abuse and forcible marriage to underage girls has been reported in a higher instance within the polygamist communities so the use of social service workers and social workers would have to be introduced and regulated in their communities to make sure that all parties involved are being treated with dignity and respect. Also, if all polygamist marriages are recognized and legal then the province could monitor the ages of these girls getting married. The cost of having the extra social service workers and social workers introduced into the polygamist communities would most likely be substantial but could offset itself against the lessening of the burden to our judicial system, use of police force and charge of legal marriage licenses and other applicable tax incentives/charges.
In conclusion, with weighing the pros and cons of decriminalizing polygamy, I believe it to be a slight act compared to other acts we consider crimes. Can we really consider having two wives illegally at the same level as a serial killer or drunk driver? Personally I don’t think they are comparable at all.
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