Who Is Above The Law? Legal Double Standards

Are the proper people breaking the law? It's a question as old as Socrates, and one that has been dramatized by recent events in civil disobedience in the United States. While some laws are well-known and widely understood, such as those prohibiting murder or theft, there are many other ways in which people may inadvertently break the law in their daily lives. From prank calling to jaywalking, and even throwing out mail that isn't yours, it's surprisingly easy to find yourself on the wrong side of the law. In fact, according to a poll, the average person commits around seven crimes per week, with speeding, littering, and illegal downloading being the most common offences. While some may argue that these minor crimes are so common that they have become normalized, others suggest that breaking the law, no matter how small the infraction, is still breaking the law. So, are the proper people breaking the law? The answer may be more complex than it seems.

Speeding and other traffic violations

Speeding is a common type of traffic violation and can have various consequences depending on the jurisdiction. In some states, speeding is a misdemeanor, making it a criminal offense that can impact an individual's ability to find a job or housing. Repeat offenses or speeding combined with other violations, such as drinking, can result in felony charges. Other consequences of speeding can include driver's license suspension or revocation, higher insurance rates, and court costs if property damage occurs.

In addition to speeding, there are several other types of traffic violations. Moving violations occur when a driver breaks a traffic law while their vehicle is in motion. Examples of moving violations include running a stop sign or red light, changing lanes without signaling, and driving without auto insurance. Non-moving violations, on the other hand, typically relate to parking or faulty equipment issues, such as parking in front of a fire hydrant or having expired tags.

The consequences of traffic violations can vary depending on the severity of the violation and the jurisdiction. In some cases, traffic violations may result in strict liability offenses, where the driver's intent is irrelevant, and the act itself constitutes a crime. Traffic violations can also affect insurance premiums and result in costly fines and legal fees. It is important for drivers to be aware of the traffic laws in their area and seek legal advice if necessary to understand the potential consequences of any violations.

Littering

Despite the presence of these laws, littering remains a significant issue. This could be due to a lack of enforcement, with some law enforcement officers not considering littering a priority, or the difficulty in catching offenders in the act. Additionally, people may justify their actions by believing that someone else will clean up their mess or that their trash is just a small contribution to a larger problem.

However, littering has severe consequences for the environment and public health. It contributes to the billions of dollars spent annually by the United States government on cleanup costs, and it can attract pests and cause health issues such as leptospirosis, typhoid fever, and cholera. It is also detrimental to wildlife, with litter ending up in oceans and stormwater systems, causing further pollution.

To address the issue of littering, stricter enforcement of existing laws and a change in public mindset are both necessary. While laws alone may not completely eradicate littering, they can serve as a deterrent, and proper waste disposal practices should be encouraged and normalised.

Using unsecured WiFi

In the absence of clear federal legislation, many US states have introduced their own laws. For example, California's 2020 Comprehensive Computer Data Access and Fraud Act criminalises unauthorised access to "computer services", including internet and email services. Michigan and Florida have similar laws.

Outside of the US, piggybacking is illegal in Singapore under the Computer Misuse and Cybersecurity Act. In 2006, a 17-year-old was arrested and became the first person in Singapore to be convicted of the offence. In Canada, unauthorised access is addressed in the Criminal Code, which provides that anyone who "fraudulently and without colour of right" obtains "computer services" from an access point is subject to criminal charges.

While laws may exist, authorities rarely seem to police or enforce them. However, there have been instances where prosecutors have enforced minor penalties against WiFi thieves. For example, Florida has been known to arrest and charge people who steal others' WiFi.

In addition to potential legal consequences, there are other risks associated with using unsecured WiFi. For example, data transmitted over an unsecured network might not be secure and could be intercepted by third parties.

Underage drinking

Firstly, the 21st Amendment to the Constitution allows states to set their own laws regarding the sale and distribution of alcohol within their borders. While all states prohibit minors from possessing alcoholic beverages, not all prohibit them from purchasing alcohol. Additionally, there are various exceptions that may apply, such as religious activities, parental consent, lawful employment, and medical reasons. For example, 26 states allow minors to consume alcohol during religious services, and 16 states permit underage drinking for medical reasons.

The laws surrounding minors and drinking differ between possession, consumption, and internal possession. Possession refers to physically holding an alcoholic beverage, while consumption is the act of drinking it. Internal possession refers to the presence of alcohol within a person's body, and some states have strict internal possession laws that allow minors to be cited for having alcohol in their system, even without evidence of possession or consumption.

While there are exceptions, underage drinking remains a serious public health concern, contributing to thousands of deaths each year and increasing the risk of accidents, injury, addiction, and other negative consequences.

Civil disobedience

The concept of civil disobedience has been around for a long time, with one of the earliest depictions of it being in Sophocles' play, Antigone. In the play, Antigone, one of the daughters of the former King of Thebes, defies the current King, Creon, who is trying to stop her from giving her brother a proper burial. She gives a speech, stating that she must obey her conscience rather than human law, and that she is not afraid of the death that Creon threatens her with.

The term "civil disobedience" was popularized in the US by Henry David Thoreau in his essay "Resistance to Civil Government", published posthumously as "Civil Disobedience". Thoreau refused to pay his state poll tax as a protest against the institution of slavery, the extermination of Native Americans, and the war against Mexico.

There are varying views on civil disobedience. Some see it as a total philosophy of social change, while others view it as a tactic to be employed when other means are not available. Some criticize civil disobedience for accepting the existing political structure, while others see it as leading to anarchy and the breakdown of law and order.

Despite these differing opinions, civil disobedience has played a crucial role in bending the arc of the moral universe toward justice. It has been a major tactic and philosophy of nationalist movements in Africa and India, the American civil rights movement, and various social movements in many countries.

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