Law, Proof, And Morality: Can We Evade Justice?

Criminal laws are created to achieve various ends, including reducing the incidence of wrongdoing and holding wrongdoers responsible for their actions. However, this raises the question of whether it is ever justifiable to break the law. This is a complex moral problem that has been debated by philosophers for centuries, with some arguing that civil disobedience can be legitimate under certain circumstances, such as a despotic regime, while others maintain that breaking the law can never be justified. In the United States, for instance, there have been several instances of civil disobedience, such as the recent incidents of civil rights advocates employing mass demonstrations to advance their cause. When minors break the law, they usually appear in juvenile court, where a judge hears the evidence and decides on the verdict. Similarly, in the federal system and some states, a grand jury decides whether there is enough evidence for an adult to proceed to trial. While the law generally requires proof of wrongdoing before imposing consequences, there are cases where pre-identification can lead to convictions without violating legal triggering conditions.

Criminal laws are made to be broken

Criminal laws are made to be followed, but some are also made with the expectation that they will be broken. Criminal laws are created to achieve various ends, primarily to reduce the incidence of wrongdoing and hold wrongdoers responsible for their actions.

Some criminal laws are created with the intention of encouraging compliance. These laws are made to be followed, and lawmakers intend for offenders to be convicted and punished if they break the law. This contributes to both responsive and preventive ends. However, there are also criminal laws that are not created with compliance in mind. For these laws, conviction is not a regrettable fallback but rather the primary means by which the law contributes to its intended ends.

For example, consider a law that criminalizes the possession of information likely to be useful to terrorists. By criminalizing possession, prosecutors can more easily secure convictions without needing to provide evidence of planning or intent. In this case, the law is made with the understanding that it will likely be broken, and the focus is on conviction rather than compliance.

Another example is when laws are enforced differently based on location or context. For instance, the use of marijuana and cannabis products is legal in some states but remains a criminal act in others. Similarly, activities like gambling, littering, or jaywalking may be legal in certain areas but illegal in others. In these cases, individuals may unintentionally break the law due to a lack of awareness or understanding of the specific regulations in their location.

The creation of laws that are made to be broken raises philosophical and ethical questions. Some argue that when laws are intentionally made to be broken, the identification principle, which binds state officials who make, apply, and enforce criminal laws, is violated. This principle is an implication of the ideal of the rule of law. The concern is that we may be living in a world with too much criminal law, leading to a crisis of overcriminalization.

Civil disobedience

The term civil disobedience was popularised in the US by Henry David Thoreau's essay 'Resistance to Civil Government', first published in 1849 and then posthumously in 1866 as 'Civil Disobedience'. Thoreau himself refused to pay his state poll tax as a protest against slavery, the extermination of Native Americans, and the war against Mexico. Thoreau's lectures and writings inspired many later practitioners of civil disobedience, including Gandhi, whose doctrine of Satyagraha was also influenced by the poet Percy Shelley's 1819 poem 'The Mask of Anarchy'.

Other notable acts of civil disobedience include the Boston Tea Party, Mahatma Gandhi’s Salt March, suffragists illegally casting their ballots, and whites-only lunch counter sit-ins. Civil disobedience has often played a crucial role in bringing about social change and bending the arc of the moral universe toward justice.

While civil disobedience is a form of lawbreaking, it is not a crime in democratic societies. When an agent who engages in civil disobedience is punished by the law, it is for recognised offences such as disturbing the peace, trespassing, damaging property, or violating official injunctions.

Pre-identification

Criminal laws are created to achieve various ends, including reducing the incidence of wrongdoing and holding wrongdoers responsible for their actions. In the United States, common ways people break the law include prank calling, which may be considered harassment or disorderly conduct; using unsecured WiFi, which may be illegal in certain areas; littering, which can result in fines or even jail time; and breaking traffic laws, such as speeding or using a cell phone while driving.

However, there are also cases where individuals may not be aware that they are breaking the law or where pre-identification comes into play. Pre-identification occurs when an individual is identified as someone who ought to be convicted or punished for a particular offence, even before the official or legal process has determined their guilt. This can happen when a police officer, for example, has confidence in the individual's involvement in a separate, unrelated incident. Once pre-identified, steps may be taken to ensure that those empowered to arrest or convict the individual can do so without technically violating any triggering conditions.

For instance, if an individual is charged with assault, but a police officer has confidence in their involvement in an unrelated robbery for which they were never arrested or charged, pre-identification comes into play. This concept of pre-identification is complex and raises questions about the fairness and ethics of the legal system. It is important to note that the legal process still requires proof or evidence to convict an individual, even if they have been pre-identified as a potential lawbreaker.

In the United States, the Constitution guarantees certain rights to defendants in criminal trials, including the right to be presumed innocent until proven guilty and the exclusion of evidence obtained through unconstitutional police procedures. These protections aim to ensure that individuals are not convicted without sufficient proof, regardless of any pre-identification factors.

Common ways people break the law

It is important to note that breaking the law is often unintentional, and people may not be aware they are engaging in illegal activities. Here are some common ways people break the law, often without knowing:

Prank Calling

Prank calling is a common pastime for adolescents, but it may be illegal in certain areas. It can be considered harassment or disorderly conduct if threatening remarks are made or if the calls are repetitive.

Using Unsecured WiFi

Using unsecured WiFi, also known as "piggybacking," can be illegal in certain places. Even with permission from neighbours or businesses, it can still violate internet service plans and provider policies.

Throwing Out Mail

Discarding mail addressed to previous tenants, even if it is junk mail, is a felony in many places. The proper way to handle such mail is to write "return to sender" or "no longer at this address" and then put it back in the mailbox.

Jaywalking

Jaywalking, or violating traffic laws as a pedestrian, can be illegal or frowned upon in certain places. This includes failing to use a crosswalk or crossing a street with heavy traffic unsafely.

Breaking Traffic Laws

Breaking traffic laws, such as speeding, driving without a seatbelt, or using a cell phone while driving, are common occurrences. These actions can have serious consequences, as the National Highway Traffic Safety Administration (NHTSA) estimates that injury accidents will affect two out of every three motorists.

Copyright Infringement

Copyright infringement, often referred to as piracy, is a common law that people may unknowingly break. It involves downloading or sharing music, movies, games, or books without the permission of the copyright owner. This can include playing copyrighted content in public or leading a large group in singing a current song.

Gambling

Gambling laws vary by location, and what may seem like a harmless poker night or office pool could be illegal. It is important to check the specific regulations in your area to avoid breaking the law.

Other Unknowing Offences

There are several other ways people may unknowingly break the law. For example, failing to get a dog license, using someone else's disability parking permit, driving with snow on your car in certain states, or even singing popular songs in a large group can all potentially result in legal trouble.

Rights of defendants

While criminal laws are created to achieve various ends, including reducing the incidence of wrongdoing and holding wrongdoers responsible for their actions, it is important to note that laws can be broken unintentionally or without full awareness of their existence. For instance, prank calling may be considered a harmless rite of passage for adolescents, but it can cross the line into harassment or disorderly conduct in certain areas. Similarly, using unsecured WiFi or sharing prescribed medication may be illegal in some jurisdictions, which many people may be unaware of.

In the context of criminal proceedings, it is crucial to understand the rights of defendants, which are enshrined in the Sixth Amendment of the U.S. Constitution. The Sixth Amendment guarantees the accused the right to a speedy and public trial, ensuring that criminal trials are conducted without unnecessary delay. This right is complemented by the right to an impartial jury, which means that the jury should be randomly selected from the community and free from bias. Additionally, the Sixth Amendment grants defendants the right to be informed of the nature and cause of the accusation, to confront witnesses against them, and to have compulsory process for obtaining witnesses in their favor.

One of the most essential protections for defendants is the requirement that the prosecution prove guilt beyond a reasonable doubt. This safeguard is fundamental to the concept of justice, ensuring that convictions are based on solid evidence and not mere speculation. The Fifth Amendment further protects defendants by stating that they cannot be compelled to incriminate themselves. As a result, defendants have the right to remain silent, and their silence cannot be used against them by the prosecution.

Furthermore, the Sixth Amendment provides defendants with the right to the assistance of counsel for their defense. This right ensures that defendants have access to legal representation, regardless of their ability to pay. The U.S. Supreme Court has ruled that defendants, whether represented by appointed counsel or private attorneys, are entitled to adequate representation, meaning that their lawyer should provide a reasonably good defense. This right to counsel is considered one of the most important tenets of the Sixth Amendment, ensuring that defendants have a fair chance at navigating the complexities of the legal system.

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