Americans And Laws: Breaking Rules Every Day

The United States has the highest incarceration rate in the world, with 25% of the world's prisoners despite only having 5% of the world's population. Civil-liberties lawyer Harvey Silverglate estimates that the average American unknowingly breaks three federal criminal laws every day. Speeding, texting while driving, and illegal downloading are among the most common offences.

Speeding

The consequences of speeding vary depending on the context and the speed limit in question. For example, driving 55 miles per hour on a highway may be reasonable under perfect conditions, but driving at that speed in dark and icy conditions would violate the "basic" or "fundamental" speed law. Most states have ""maximum" or "absolute" speed limits, which prohibit driving faster than a specified speed on particular roadways. Driving in excess of these limits is a violation regardless of the conditions or the driver's intent.

The penalties for speeding violations can range from infractions, which carry fines, to misdemeanors or felonies, depending on the circumstances and the driver's prior offenses. For instance, in Illinois, driving 26 miles per hour or more over the limit is a misdemeanor, while speeding in a street race or causing an injury or death while speeding can result in felony charges.

While speeding laws are in place to promote safety, there is a complex relationship between speed limits and road safety. Some argue that higher speed limits encourage everyone to drive in a more similar fashion, reducing accidents caused by differences in speed. On the other hand, speeding increases the severity of crashes, with the odds of a pedestrian being killed in a collision rising from 10% at 23 mph to 75% at 50 mph.

The enforcement of speeding laws is also a point of contention, with police power in the United States being closely tied to car culture. This has led to issues such as racial profiling and revenue-driven policing, with Black drivers being disproportionately targeted for pretextual traffic stops.

To address speeding effectively, a multi-faceted approach is needed, including road design, driver education, and vehicle technology interventions. For instance, replacing intersections with roundabouts in rural areas and narrowing streets and intersections in cities can help keep drivers at safe speeds. Improving driver training, especially for teenagers and older adults, can also reduce the risk of fatal crashes. Additionally, implementing intelligent speed assistance technology in vehicles can provide resistance under the accelerator when a car surpasses the speed limit.

Texting/talking while driving

Texting or talking on the phone while driving is illegal in almost every state in the US, except Montana and Missouri. In Montana, there is no law against texting and driving, and in Missouri, it is only illegal for those under 21. Texting while driving is considered extremely dangerous by many people, including authorities, and is a form of distracted driving. Distracted driving significantly increases the chances of a driver being involved in a motor vehicle accident. Research by the NHTSA suggests that in 2021, at any given daylight moment in the US, an estimated 660,000 drivers out of almost 212 million licensed drivers used their phones while driving.

Texting while driving laws vary from state to state. In 41 states, it is a primary offense, meaning an officer can cite a driver for texting and driving even if they haven't broken any other rules. In 24 states and the District of Columbia, it is illegal to use any handheld device while driving, and this is a primary offense in all of these states. In some states, such as Texas, a first offense can result in a fine of $25 to $99, while in New York, a first offense can lead to a fine of $50 to $200.

Despite the illegality and acknowledged dangers of texting and driving, about half of drivers aged 16 to 24 admit to having texted while driving, and 20% of people surveyed don't believe what they are doing is illegal because "everyone else does it." A separate survey of over 90 teens across 26 high schools in the US found that 46% considered texting while driving to be "very" or "extremely" distracting.

To combat the issue of texting and driving, some states have implemented high-visibility enforcement campaigns, which have been shown to increase compliance with traffic laws. Additionally, some companies have employed systems that place restrictions on cell phone usage based on the phone's GPS signal or data from the car itself. However, the effectiveness of these measures is still uncertain.

Illegally downloading movies/music

Illegally downloading movies and music is a common practice, but it is still a crime. Copyright infringement occurs when copyrighted works, such as songs and movies, are reproduced, republished, or used without the copyright holder's permission. This is governed by the Copyright Act of 1976, a federal statute in the United States.

The consequences of illegal downloading can be severe, with both civil and criminal penalties. In a civil suit, infringers may be liable for the copyright owner's actual damages, plus any profits made from the infringement. Alternatively, the copyright owner may elect to receive statutory damages of up to $30,000, or up to $150,000 if the infringement is found to be willful. Criminal penalties for copyright infringement can result in imprisonment of up to five years and fines of up to $250,000 for a first offence, and up to 10 years imprisonment and a $250,000 fine for subsequent offences.

The risks of illegally downloading copyrighted works go beyond just legal penalties. Individuals who download illegal files also risk exposing their devices to viruses, spyware, and other types of malware. Additionally, illegal downloading can lead to personal identity theft and costly damage to computing devices.

Despite the risks, many people still engage in illegal downloading because of the perception that it is a minor crime or that they will not get caught. However, with the advancement of technology, the sanctions for copyright infringement may become even harsher.

Using someone else's Wi-Fi

Despite the legal ambiguity, there have been several cases of people being arrested and charged for using someone else's Wi-Fi. For example, in 2005, a Florida man was charged with a felony for using his neighbour's Wi-Fi from his van. In 2006, an Illinois man was fined for accessing a local agency's wireless network, and in 2007, a Michigan man was fined for connecting to a café's Wi-Fi from his car. Similar cases have occurred in Illinois, Michigan, Alaska, and Ontario, Canada.

The risks of using someone else's Wi-Fi go beyond legal consequences. When you log in to an unsecured network, you may expose your personal information, passwords, and files to the owner of the network and other users. Additionally, your device may be vulnerable to viruses, trojans, and other types of malware. Furthermore, if you connect to an unsecured network, you may be providing access to sensitive information related to your employees, vendors, or clients.

To avoid these risks, it is essential to secure your wireless network and protect your personal information. This can be done by using strong Wi-Fi encryption, changing default passwords, and keeping your firewall and security software up to date. Additionally, using a VPN can help ensure that your information is transmitted securely and invisibly to potential hackers.

Underage drinking

While it is difficult to ascertain exactly how many laws the average American breaks per day, a poll by onepoll.com suggests that the average person commits around seven crimes per week. Some of the most common offences include speeding, texting or talking on the phone while driving, dropping litter, illegally downloading music, and not wearing a seat belt.

One law that many Americans break is that of underage drinking. In the United States, the legal drinking age is 21. However, this hasn't always been the case. State laws restricting young people's access to alcohol were first enacted in the early 20th century, but these laws only prohibited the sale of alcohol to young people, not their consumption of it. After the repeal of Prohibition in 1933, restrictions on the possession and consumption of alcohol by youth became the norm, with most states applying these restrictions to those under 21.

In the 1970s, 29 states lowered their minimum drinking ages to 18, 19, or 20, following the enactment of the 26th Amendment, which granted 18- to 20-year-olds the right to vote. However, in the 1980s, states began to return the minimum drinking age to 21 due to increased public concern about underage drinking and research linking lower drinking ages with more alcohol-related motor vehicle crashes.

Since 1984, the National Minimum Drinking Age Act has been in effect, requiring states to prohibit persons under 21 from purchasing or publicly possessing alcoholic beverages. This law has had a significant impact on reducing underage drinking and alcohol-related accidents and health problems. Nevertheless, underage drinking remains a serious public health issue, with approximately 5,000 youth under the age of 21 dying annually from motor vehicle crashes, unintentional injuries, and homicides and suicides involving alcohol.

To address this issue, states have adopted various policies, including laws related to the use of false identification to purchase alcohol, loss of driving privileges for alcohol violations, and lower blood alcohol concentration levels for drivers under 21. Additionally, Congress has authorized federal funds to combat underage drinking through initiatives such as the STOP Act. Despite these efforts, underage drinking continues to be a challenge, highlighting the need for ongoing research, education, and policy development to protect the health and safety of young people.

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