Second, the penal instrument could be used by criminalizing the failure to vaccinate. Mandatory vaccination laws, found constitutional in Jacobson v. Massachusetts (1905), could be passed, and failure to abide by them could be prosecuted. Parents who refuse to vaccinate their children for non-medical reasons could be forced to pay fines or serve a jail term, depending on the circumstances of the case. Criminal law also allows states to hold parents responsible for the harm their unvaccinated children pose to other individuals. Since 5% of individuals with MM die, parents could even be charged under the reckless homicide statute, because they had a disr...
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...ccination ensures that there is little opportunity for an outbreak of MM to occur, and are therefore a public good because they increase public health and safety by reducing the risk of an epidemic, and also reduce the number of premature deaths from illness. The government could engage in public education campaigns on the benefits of vaccination, and means-test individuals to provide the MM vaccine for those unable to afford it. Administrative law in the form of the Public Health Service Act, which sets price controls for pharmaceuticals purchased by government agencies, ensures that the state will not have to spend an excessive amount of money on vaccine acquisition and distribution. Since a combination of administrative and public benefit law targets the largest number of people, it is the most effective method of addressing the increased number of MM infections.
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