Breaking The Law: A Common Occurrence?

It's easy to think of ourselves as law-abiding citizens, but the truth is that most people break the law in some way, shape, or form on a regular basis. From minor infractions like jaywalking or speeding, to more serious offenses like drug use or tax evasion, it's surprisingly common for individuals to find themselves on the wrong side of the law at some point in their lives. While some may view these minor crimes as insignificant, others argue that the constant flood of new and broadly interpreted laws is criminalizing entire categories of daily life. This raises important questions about the role of government and the impact of overcriminalization on society.

Speeding and other driving offences

The dangers of speeding are well-documented. For more than two decades, speeding has been involved in approximately one-third of all motor vehicle fatalities. In 2022, speeding was a contributing factor in 29% of all traffic fatalities, and speeding killed 12,151 people. Speeding endangers not only the life of the speeder but all of the people on the road around them, including law enforcement officers. It also increases the potential for loss of vehicle control, reduces the effectiveness of occupant protection equipment, and increases the stopping distance after the driver perceives a danger.

Other common driving offences include talking or texting while driving (40%), not wearing a seatbelt (18%), driving through a red light, and drunk driving.

Downloading music and movies illegally

According to a poll by onepoll.com, the average person commits around seven crimes per week. One of the most common crimes is downloading music illegally, with 35% of people surveyed admitting to doing so.

The consequences of illegal downloading can be severe. While it is not common to be arrested for this offence, there are both civil and criminal penalties that can be applied. In civil suits, 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. In criminal cases, penalties can include imprisonment of up to five years and fines of up to $250,000, or both. These penalties have been increased and broadened in scope by Congress in recent years.

It is important to note that just because something is easily accessible online, it does not mean that it is legal to download. While artists or promotional sites may offer free downloads, and downloading a purchased song or movie is generally acceptable, it is important to be aware of the potential consequences of illegal downloading.

Using someone else's Wi-Fi

A poll by onepoll.com found that the average person commits around seven crimes per week. While many of these are considered minor, such as littering or not wearing a seatbelt, others are more serious, like taking illegal drugs or stealing cable TV. One of the most common laws people break is using someone else's Wi-Fi without their permission, also known as "piggybacking" or "mooching".

With the constant connectivity offered by wireless networks, our devices are always on the lookout for a Wi-Fi signal. If you connect to a network that you do not own, you are stealing and committing a crime. While it is not very common to be arrested for this, it is considered a third-degree felony. There have been cases in Florida, Illinois, Michigan, and Alaska where people were arrested for using someone else's Wi-Fi, with one man fined $400 and given 40 hours of community service.

Piggybacking is illegal in many states and under federal statutes like the Computer Fraud and Abuse Act. It is a Class A misdemeanor in New York, for example. While the laws around piggybacking are still being clarified, it is strongly advised not to use someone else's Wi-Fi without their consent. Doing so could result in criminal penalties, including fines or even jail time.

In addition to the legal risks, there are also security risks associated with using an unsecured wireless network. When you connect to an unsecured network, you may be exposing your device to viruses, trojans, and other types of malware.

To avoid any potential legal or security issues, it is always best to seek the permission of the Wi-Fi owner before using their connection.

Minor infractions like littering

Littering is a minor infraction that has a significant impact on the environment. It is a modern problem that has increased since the 1950s, with the rise of plastic and other packaging materials. While it can sometimes happen accidentally, such as when items are not secured and fall out of a moving vehicle, it is largely a deliberate act.

Littering is often a result of laziness or carelessness, with people not wanting to carry trash with them until they find a bin, or simply not having access to a trash receptacle. Some people also litter because they believe that maintenance workers or park employees will eventually pick up the trash and dispose of it properly. Others may not understand the impact of littering and the harm it causes to the environment.

Cigarettes are the most frequently littered item, with an estimated 9.7 billion cigarette butts discarded along roadways and in waterways. Fast-food packaging, food packaging, alcoholic beverage containers, and tire and vehicle debris are also commonly littered items.

Littering has serious consequences for the environment and the community. It is one of the leading causes of pollution, as litter degrades and releases chemicals and microparticles that are not natural to the environment. For example, cigarette butts can contain chemicals such as arsenic and formaldehyde, which can make their way into the soil and freshwater sources, negatively impacting humans and animals. In fact, 60% of water pollution is attributed to litter.

Litter can also pollute the air, as it is often burned in the open air, releasing toxic emissions that can cause respiratory issues and other health problems. It can also facilitate the spread of diseases, viruses, and parasites through direct and indirect contact.

Littering costs the US an estimated 11.5 billion dollars annually, with businesses, states, cities, counties, and educational institutions bearing the brunt of these costs. It also has hidden costs, such as decreasing property values and deterring visitors.

To combat littering, it is important to educate the public about the impact of littering and how it affects the environment. Increasing the number of public waste disposal cans and imposing stricter laws and regulations with serious legal or financial consequences can also help deter littering. Additionally, advocating for better local recycling programs and organizing community cleanups can create an environment where people feel more responsible for keeping their community clean.

Ignorance of the law

While ignorance of the law is generally not an acceptable defence, there are certain exceptions and circumstances where it may be valid. For instance, in the US, specific intent crimes require the prosecution to prove beyond a reasonable doubt that the defendant intended to commit a particular harmful act, and if the person who committed the crime was unaware that it was a crime, there may be a valid defence of ignorance. Another exception is differences in state and local traffic laws. Traffic laws can vary from state to state and city to city, and if there are no warning signs or notices posted about different rules in a particular location, ignorance of the law may be a valid defence in court. Additionally, when a law is brand new and has not yet been widely publicised, ignorance of the law may also be a defence.

In criminal law, ignorance of the law may not clear a defendant of guilt, but it can be considered during sentencing, especially when the law is unclear or when the defendant sought advice from law enforcement or regulatory officials. For example, in a Canadian case, a person was charged with possessing gambling devices after being advised by customs officials that it was legal to import them into Canada. While the defendant was convicted, the sentence was an absolute discharge.

In some jurisdictions, there are exceptions to the general rule that ignorance of the law is not a valid defence. For instance, under US federal criminal tax law, the element of willfulness required by the Internal Revenue Code has been interpreted to include an "actual good faith belief based on a misunderstanding caused by the complexity of the tax law".

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