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Old 09-13-2009, 03:18 AM   #9
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Originally Posted by bhhamblin View Post
well whats the difference between state law and state code? there has to be somewhere that says something to the effect of "x law must be enforced in Y fashion" before there can be what was posed above which in the continuation of "x law must be enforced in Y fashion" which would be "x law must be enforced in Y fashion to the extent that the folowing should be allowed in the enforcement of X law.

your example from the UHP is kinda what im looking for which is a statement that lets you know that the law was written to be enforced and that there are no or very few laws which spesfically say within the law that it must be enforced. it will typically give an outline for consequences but will not say that every car must be checked for speed at all times in order to maintain adherence to the law, is that not correct?

-jason (azn2nr)
The state code IS the state law. They're the same thing.

The state code is the result of bills being passed into law by the state legislature, so the language of the law is always going to be based on the way in which the individual bills are drafted. You're right that it's atypical for the state code to dictate how law enforcement should go about checking compliance.

The code says what you can and can't do and what the basic range of punishments are for violating those rules. But actual enforcement of the law is the job of the executive branch of government. That means most of the rules regarding what's appropriate or necessary for code compliance comes down to a question of policy and not law. If you have specific questions about the methods of a particular agency, you're pretty much going to have to contact the agency or its parent municipality in order to figure that out, as it's going to change from chief to chief, mayor to mayor and governor to governor.
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