Dolph said:
To me, it would largely depend on the crime in question, and what social consequences it would have.
Speed, when appropriate (which is something that is NOT defined by a random number printed on a sign) does not cause a social harm, and therefore should not, in my opinion, but punished. Just like I wouldn't adovcate fines for doing anything that harms no-one else.
To create an arbitary rule with no proven benefit but that is easily detectable, then punishing it with a fine, is certainly nothing but revenue generation.
Your example of litter isn't comparable, because you have a clear proven harm there (ie someone has to clear up the mess). The same cannot be said of speeding. There is no proven harm, or even an increased risk of harm in driving at 71mph as opposed to 70mph, but that is how the law treats it. Prevailing conditions and circumstances have far more bearing on whether a given speed or behaviour is likely to increase the risk of harm than what someone has decided to print on the sign.
This is where the differences between the letter and wording of the law come in. Speeding has always, to the letter, been an absolute offence. However, until cameras were introduced and became widespread, discretion was used to determine whether punishment was appropriate (indeed discretion is still used now by police officers on the roads). As such speeding convictions had meaning, they were a sign that you were being dangerous enough for the police to pull you over in most cases, whereas now they are meaningless, as evidenced by the insurance companies attitude to points for speeding these days...
With the examples I gave you I was playing devils advocate - I almost entirely agree with you
Unfortunately, with something as discretised as speed, legislating is always going to have to be done in a finite manner, the number in the red circle. Allowing discretion is great and it has worked in the past to great effect. How do you write that into law though?
The problem we now face is that there are more cars than ever on the roads and to be quite honest the average driving standard is abysmally low. People believe the test is the be all and end all, cars are more powerful than ever before and far more acessible and this is all a recipie for disaster.
Driving is a hugely involving skill that requires a great deal of concentration to do correctly. I genuinely cannot think of any other "skill" that as many people posess. It just doesnt happen anywhere else. Now, I think that this means one of two things:
1) Humans are naturally gifted at operating a motor vehicle (unlikely)
or
2) The standards required to be let loose on the roads are far, far too low.
The government therefore has a problem on its hands. Millions of tonnes of metal are being shifted about on a daily basis by largely unskilled people at speed. You can make it significantly harder to get a licence, but what does that do for the current generation that are wrapping themselves around trees and children in the street at the moment? So that means mass retraining - that is going to be unpopular in the extreme and no government is going to be brave enough to force millions of motorists off the road until they meet a much higher standard - it would be a nightmare for the economy for a start.
What option is left? Slow everyone down. If you are going too slow to hurt yourself when you run out of skill it is going to be one hell of a lot less painful than when you are battering it along. If the only way you can think of to achieve this is to hit people where they will make the biggest difference to them (in the wallet) it forces a lot more people to think about slowing down. While this in itself wont stop the inattention that is the rot cause of most crashes it will make it a bit less painful when it happens. Penalty points are there as a useful tool to stop those who can afford it from accepting a £60 charge for driving like a lunatic every Sunday.
So, whilst I disagree with the law, the way it has come about and the way it is being enforced, I cannot think of another way to solve the problem without causing a huge problem somewhere else. More traffic Police would be one way of going about it but you cannot keep masses of them out and about 24/7 in the way you can a camera - and thats why you see cameras at blackspots and not Police.
Its a really, really tough subject because there are so many angles to come at it from but one thing is for sure, whinging about getting caught by cameras / their use in enforcement is a sure way of not getting listened to.