Kara Sears
Breaking the law is not something that most people set out to do, but it's surprisingly easy to do so without even realizing it. From prank calling to speeding, many people commit minor infractions every day. But what about when breaking the law is morally right? Ethics gives us rules that we are expected to follow without question, but laws are created by fallible people and are not always just. So, how do we decide when to follow the rules and when to break them?
| Characteristics | Values |
|---|---|
| Common ways to break the law | Prank calling, using unsecured WiFi, throwing out mail belonging to previous tenants, sharing prescribed medication, underage drinking, speeding, driving without a seatbelt, using a cell phone while driving |
| Morality and ethics | Actions can be morally right but illegal, and vice versa |
| Negligence | Breaking the law can be an act of negligence if it results in injury to another person |
| Federal law on breaks | Short breaks (5-20 minutes) are considered compensable work hours, whereas meal periods are not |
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What You'll Learn
Breaking the law unintentionally
It is possible to break the law unintentionally, and this can happen when one is not aware of the laws in their area or state. Laws vary by state and municipality, and ignorance of the law is generally not accepted as a valid excuse for breaking it. Therefore, it is important to be aware of the local laws and regulations to avoid any unintentional law-breaking.
One example of a law that people may unintentionally break is prank calling. While it may be seen as a harmless joke, prank calling can be considered illegal and classified as harassment or disorderly conduct if it involves threatening remarks or repetitive calls. Similarly, using unsecured WiFi, or "piggybacking," may be illegal in certain areas, even if one has permission from neighbours or businesses. This can lead to disputes with internet service providers and plans.
Another area where people may unintentionally break the law is through their mail. Throwing out mail addressed to previous tenants, even if it is junk mail, is considered a felony in some places. Instead, it is recommended to mark the mail as "return to sender" or "no longer at this address" and put it back in the mailbox to alert the post office.
Furthermore, sharing prescribed medication or using medication not prescribed to oneself can lead to legal consequences. In some states, giving away or selling prescription drugs, even just one pill, is considered a felony. Additionally, using medication not prescribed to you may result in adverse physical reactions, lawsuits, or criminal charges.
It is worth noting that breaking traffic laws, such as speeding, driving without a seatbelt, or using a cell phone while driving, are also common ways people may unintentionally break the law. These actions can have serious consequences, as highlighted by the National Highway Traffic Safety Administration (NHTSA), which suggests that injury accidents will affect two out of three motorists in their lifetime.
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Morality vs legality
The relationship between morality and legality is a complex one, with many grey areas and differing perspectives. While both legality and morality provide social organisation and shape behaviour, they are distinct concepts. Legality refers to a system of rules enforced by a state, with set punishments for offenders, while morality is a set of principles based on culture, religion, experiences, and personal values, with no formal regulation.
The basic distinction between legality and morality is that what is legal is not always moral, and vice versa. For example, slavery was legal in the US, but most people would agree that it was morally wrong, even at the time. Similarly, in Nazi Germany, it was illegal to help or provide medical treatment to Jewish people, but doing so would not be considered immoral by most today. In these cases, following the law would have been morally wrong.
On the other hand, there are cases where breaking the law could be seen as morally right. For instance, imagine seeing a child about to run into a busy street. Ignoring a red light to save the child would be illegal, but most would agree it is the right thing to do. This scenario raises the question of whether we have a moral obligation to obey the law, even if it leads to negative consequences.
The line between legality and morality becomes even more blurred when considering actions that are both legal and immoral, or illegal and moral. For example, it is legal for companies to exploit labour laws by paying minimum wage and expecting long hours or harsh working conditions. While this may not be illegal, it is widely considered immoral due to the inhumane treatment of workers. Similarly, tobacco companies legally sell cigarettes, despite knowing the health risks, which many would consider immoral. In contrast, prank calling may be illegal in some areas, but it is not necessarily immoral, especially as a rite of passage for adolescents.
So, when is it justifiable to break the law? This is a complex question with no easy answer. It depends on various factors, including cultural, religious, and personal values. As medical professionals and ethicists, we must continue to explore how to balance legal structures with moral obligations. Ultimately, it is essential to remain critical and sceptical of the laws and constantly question their moral validity.
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Personal injury lawsuits
A personal injury lawsuit is a legal dispute that arises when someone suffers harm from an accident or injury, and another person or entity may be legally responsible for that harm. The injured person (the plaintiff) files a lawsuit against the person or entity they believe is responsible (the defendant). The plaintiff must then prove that the defendant was negligent or reckless and that this negligence or recklessness caused their injuries. Negligence means failing to exercise reasonable care, while recklessness involves a conscious disregard for the safety of others.
Personal injury cases can arise from a wide range of scenarios, but certain types are more common than others. For example, most personal injury cases involving animal attacks are dog bites. In Indiana, the "one-bite rule" applies, meaning the pet owner is not liable if the animal has never shown aggressive tendencies before. After the first bite, however, the dog owner is liable for any injuries. Slip and fall accidents are also common, often due to property owners' or tenants' negligence in maintaining safe premises.
In a personal injury lawsuit, the plaintiff typically seeks compensation for their medical expenses, lost wages, pain and suffering, and other losses. The amount of compensation awarded will depend on the severity of the injuries, the impact on the plaintiff's life, and other factors. The life of a personal injury lawsuit can vary in length, depending on the case's complexity and the damages involved. It may take a few months or a few years to resolve.
Most disputes over fault for an accident or injury are resolved through early informal settlements, which usually involve negotiation followed by a written agreement. The middle ground between a lawsuit and an informal settlement is alternative dispute resolution procedures like mediation and arbitration. A statute of limitations applies to personal injury cases, which means there is a time limit for filing a lawsuit, typically starting from the date of the injury or its discovery.
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Negligence and duty of care
Breaking the law is usually not something people intend to do, but it can happen accidentally. For example, in the US, sharing prescribed medication by giving it away or selling it is illegal, and in some states, giving away or selling just one pill is a felony.
Duty of care refers to the legal obligation to act with proper care and caution with respect to others. For example, all drivers have a duty of care to other drivers, passengers, motorcyclists, bicyclists, and pedestrians. In the case of an accident, if someone can show that they were careful and the other person was careless (negligent), the negligent person must typically pay injury damages, including medical care costs, lost income, and pain and suffering.
In some cases, the duty of care may be limited. For example, a store has a duty to not act intentionally or recklessly to cause a customer's injuries, but it may not be liable for a customer's injuries if the customer ignores "Employees Only" signs and is injured in an employee-only area.
The standard of care for negligence and duty of care varies depending on the profession and the facts of the case. For example, physicians will be held to reasonable standards for members of their profession rather than those of the general public.
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Prank calling and harassment
Prank calling has been a source of entertainment for many people ever since the invention of the telephone. However, what may start as a joke can quickly turn into harassment, which is illegal. Repeatedly engaging in unwanted, annoying, or abusive calls can be perceived as harassment. If the prank calls are made to threaten or frighten the recipient, they are likely violating the law. Late-night or early morning calls, especially those that are threatening or abusive, are indicative of harassment. If the prank calls result in someone being in fear, panic, or incited violence, they are illegal and can result in felony charges.
In many states, prank calling 911 is illegal. Additionally, recording a prank call without the recipient's consent can constitute illegal wiretapping in several states, including California. If the prank call involves mocking the recipient based on their characteristics, such as race, religion, national origin, or sexual orientation, it may rise to the level of a hate crime.
It is important to note that the legality of prank calls can depend on the specific jurisdiction and state laws. Some states have criminal statutes specifically designed for prank phone calls, such as California's prank phone calling law, Penal Code 653m PC. If you are facing criminal charges for prank calling, it is essential to consult a local criminal defense attorney to understand your rights and legal options.
While most prank calls to friends or businesses may be considered legal, they can still be immature and potentially cross ethical boundaries. It is crucial to be mindful of the impact of our actions on others and to avoid causing unnecessary harm or distress.
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Frequently asked questions
Some common ways people unintentionally break the law include:
- Prank calling
- Using unsecured WiFi
- Throwing out mail belonging to previous tenants
- Speeding
- Driving without a seatbelt
- Using a cell phone while driving
Yes, an action can be morally right but illegal, and vice versa. Ethics and laws are not the same, and it is crucial to question and critically examine laws as they can be influenced by various factors and are not necessarily morally right.
Breaking the law is considered an act of negligence in personal injury cases. Negligence means that a person or entity had a legal duty to act in a certain way but failed to do so, resulting in injury to another person.
Federal law does not require lunch or coffee breaks. However, if employers offer short breaks, federal law considers these as compensable work hours included in the sum of hours worked in a week to determine if overtime was worked. Meal periods, typically lasting at least 30 minutes, are not considered compensable work time.
Examples of fraud that can break the law include:
- Misleading someone to sign the wrong contract
- Misleading someone about true facts, such as through forged documents or false claims
- Misleading a court or jury to induce a finding in favour of the one perpetrating the fraud
