Understanding Legalese: The Language of Michigan’s Prostitution Laws

An Introduction to Michigan’s Prostitution Statutes

Michigan Compiled Laws section 750.448 reads: “A person who shall be guilty of engaging in the practice of prostitution, or of offering to practice prostitution, shall be imprisoned in the county jail not more than 90 days, or be fined not exceeding $100.00.” That is pretty straight forward language, even if you do not know what “practice of prostitution” means. It could mean sexual acts for compensation, but there are many acts and methods through which sex can be engaged in as a commodity. What type of sex is to be penalized? Is physical contact required, or can this be done through virtual exchanges?

The Role of Language in Interpreting Legal Texts

A basic background in linguistic studies may be useful here. Linguists study language structure and expression. Of course, there are many forms of expression as described under Part I. Linguists are able to simplify complex texts, as well as to understand the meanings of words and phrases, based on how languages are constructed. Language is similar to math in that there are rules of structure even if the subjects being discussed are creative works that the average person does not study on a regular basis. Lawyers use a language that is complicated to understand. There are a number of websites that can help identify legal terms with simple explanations.

How Applied Linguistics Can Aid Legal Comprehension

Even basic word searches are not sufficient to fully understand a law’s meaning. It requires looking at context, legal precedent as well as the ways in which common words may not be applicable to a legal case. For example, most people think of sex as what we do with our genitals. But, the law may permit sexual conduct for various forms of sexual entertainment, such as model nude dancing.

A Linguistic Breakdown of Common Legal Terms in Prostitution Law

Read the following sentence carefully: “Any oral or written agreement to sell, solicit, purchase transfer or offer to sell, solicit purchase or transfer a child for money or other consideration.” In this context “sell” may appear twice, but does not have any different meaning. Why not “sell it twice” or “sell it twice or thrice” or “sell it a second time”. These words have not been used correctly. This is because in legal language “sell” (versus “sell it”) is not an action, to sell it. “Sell” must be a thing, a noun. Otherwise, the sentence would read, “sell it a second time or offer to sell it again; offer to sell it third time.”

The Educational Value of Understanding Legal Language

The value of this type of study is evident. A word such as “slavery” may be defined in a number of ways, depending on its context. “Slavery” also has evolved a number of figurative definitions over time. Understanding detail, which is needed in the law, can help those who might otherwise be confused, with a simple comparison of one word to a definition without using context.

Examples of Plain Language in Legal Documents

Here are a few examples of plain language in legal documents. “In no event shall either party hereto be liable for special, consequential, punitive, incidental, indirect, or exemplary damages, even if the party alleged to be liable was advised of the possibility of such damages or that such damages could foreseeably occur.” “What is the purpose of the survey?”

The Answer to: is prostitution legal in michigan and associated penalties

It is a crime to commit prostitution in Michigan. That said, it is up to law enforcement and the courts to determine whether there is a case for prostitution based on elements of the law. The crime is a misdemeanor and, upon conviction, the punishment is no more than 90 days in jail and a fine of not more than $100. The penalties will increase for a subsequent offense. According to the in depth guide on comprehensive approaches to prostitution laws, these penalties can vary significantly based on the circumstances.

Importance of Language Clarity in Legal Settings

These types of comparisons can help in understanding the law, and why there can be so much confusion about what law means. Even where sentences may break the law into elements that must be individually proven, the words may still have more than one meaning and require very specific analysis.

Methods of Teaching Legal Language Effectively

Sometimes an analogy is needed to compare various parts of the law together, such as overlapping parts of ordinances, statutes, etc. Understanding this can help interpret the law in a unique way if you are ever faced with a legal issue.

Resources for Further Study in Legal Linguistics

One way to see how words relate to actions, with some context, is to look at plain language courses. Here is a link to one for police instructors; Keepers of the Past online course.