Amending Old Laws to Punish New Governors
Below is a MRR and PLR article in category Reference Education -> subcategory Legal.
Amending Old Laws for New Challenges
Overview
The Mann Act, enacted in 1910, was designed to prosecute individuals involved in trafficking women across state lines for prostitution. Initially targeting immigrants who coerced women into brothels, this law, officially known as the White Slave Traffic Act, was shaped by the issues of its era. Since then, it has been amended to remain relevant, adjusting its scope to cover modern concerns.
Recent Interest
The Mann Act recently gained attention due to New York Governor Eliot Spitzer. Prosecutors are considering charging him with violations under this law, joining a list of notable figures like boxer Jack Johnson, film star Charlie Chaplin, and musician Chuck Berry. Johnson received a maximum sentence, believed by some to be racially motivated due to the involvement of his white girlfriend. Chaplin wasn’t found guilty, while Berry served time for various offenses, including Mann Act violations related to an underage employee.
Amendments and Evolution
The Mann Act saw significant amendments in 1978, expanding to include trafficking of minors of both sexes. Further changes in 1986 refined its language, replacing outdated terms like "debauchery" with "any sexual activity for which any person can be charged with a criminal offense."
A Broader Perspective
The use of the Mann Act as a social and legal instrument?"even in cases like those involving Johnson and Chaplin?"highlights the potential for its application to extend beyond its original intent. Prosecutors might feel compelled to charge Spitzer to uphold the integrity of his position. However, using the Mann Act in this context might feel more like setting an example rather than addressing current social harms.
Conclusion
While the Mann Act has historically served as a tool for rebuke, it should not be wielded merely to publicly shame individuals. Spitzer's decision to step down from office demonstrates his acknowledgment of the consequences, particularly regarding his personal life. Prosecuting him under the Mann Act may not align with society's move away from humiliation as a punitive measure. His actions already speak to the repercussions he faces, making further reproach unnecessary.
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