Breaking The Law: Understanding Criminal Actions And Consequences

Breaking the law is something that most people never intend to do, but it's important to be aware of the consequences and punishments that can result from doing so. When an individual breaks the law, they will face various penalties depending on the severity of their actions. While some offences may result in community service or a fine, more serious crimes can lead to incarceration or even life sentences. In this discussion, we will explore the implications of breaking the law, the types of crimes committed, and the subsequent punishments that individuals may face as a consequence of their actions.

Common illegal activities

Criminal acts can be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes.

Crimes Against a Person

Crimes against a person are those that result in physical or mental harm to another person. These include homicide and other violent crimes such as rape and statutory rape.

Crimes Against Property

Crimes against property involve interference with the property of another party. They often involve the deprivation of the use or enjoyment of property. Many property crimes are theft crimes, including burglary, larceny, robbery, auto theft, and shoplifting.

Inchoate Crimes

Inchoate crimes refer to those crimes that were initiated but not completed, and acts that assist in the commission of another crime. These include aiding and abetting, attempt, and conspiracy.

Statutory Crimes

Statutory crimes are those that are specifically prohibited by statute. They include alcohol-related crimes, drug crimes, traffic offenses, and financial/white-collar crimes. Alcohol-related crimes include driving under the influence (DUI), open container violations, minor in possession of alcohol, and selling and supplying alcohol to minors. Drug crimes include drug possession, drug manufacturing, and drug trafficking. Traffic offenses can include driving without a license, reckless driving, and vehicular assault.

Financial and Other Crimes

Financial crimes often involve deception or fraud for financial gain. These include fraud and blackmail, embezzlement and money laundering, tax evasion, and cybercrime.

Some common illegal activities that people may engage in without realizing they are breaking the law include prank calling, which can be considered harassment or disorderly conduct; using unsecured WiFi, which can violate internet service plans and provider policies; and throwing out mail belonging to previous tenants, which is a felony. Other common illegal activities that people may be more aware of but still engage in include jaywalking, copyright infringement, underage drinking, marijuana possession and use in states where it is still criminalized, and traffic violations such as speeding, driving without a seatbelt, and using a cell phone while driving.

Criminal punishment

When determining a sentence, a judge will consider many factors, including the type of crime committed, aggravating and mitigating circumstances, and the need for societal protection. The judge will then impose a sentence that achieves the goals of deterrence and retribution while being the least severe option available.

Youth justice system

The juvenile justice system is a separate system of criminal justice designed for children who commit crimes. The first juvenile court was established in Cook County, Illinois, in 1899, and by the mid-1920s, every state in the US had a similar system in place. The juvenile justice system is based on the understanding that youth are fundamentally different from adults in terms of responsibility and potential for rehabilitation. The primary goals of the system are skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community.

The juvenile justice process includes arrest, detainment, petitions, hearings, adjudications, dispositions, placement, probation, and reentry. While it operates similarly to the adult criminal justice system in many ways, it seeks to avoid incarceration whenever possible. Instead of prison, juvenile court judges may order educational and therapeutic programming in the child's community, or place the child in a residential treatment program with mandatory school attendance.

In the late 1960s, the US Supreme Court determined that youth charged with delinquency in juvenile court have many of the same due process rights as adults, including the right to an attorney and the right to confront witnesses against them. However, in the late 1980s and early 1990s, an increase in juvenile crime rates led to the adoption of tougher policies, resulting in certain youth being tried and punished in adult criminal courts.

Today, most states define delinquency as the commission of a criminal act by a child under the age of 18, and allow youth to remain under the supervision of the juvenile court until age 21. While the juvenile justice system still maintains rehabilitation as its primary goal, it has lost some of its distinctive and rehabilitative approaches due to the harsher penalties implemented in the 1990s.

Workplace harassment

Breaking the law can land you in a lot of trouble, and workplace harassment is a serious crime that can have severe consequences.

Harassment is a form of employment discrimination that violates several laws in the United States, including the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1967. Federal and state laws protect employees from unfair and unwelcome treatment at work, and this includes workplace harassment.

Sexual harassment is a specific form of workplace harassment that includes unwelcome sexual advances or requests for sexual favors. It can also include offensive comments about someone's sex. Sexual harassment is unlawful when it is so frequent and severe that it creates a hostile or intimidating work environment, or when it results in an adverse employment decision, such as demotion, denial of promotion, suspension, or termination.

Employers are encouraged to take steps to prevent and correct unlawful harassment, such as establishing a complaint process and providing anti-harassment training. They are automatically liable for harassment by supervisors that result in negative employment actions, and they can also be held liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take appropriate corrective action.

Employees who experience workplace harassment can report it to the Equal Employment Opportunity Commission (EEOC) or a local Fair Employment Practices Agency (FEPA). It is important to meet the time limits for reporting, which is usually within 180 calendar days. Employees also have the right to file a discrimination lawsuit against their employer.

Traffic violations

Breaking the law is something that few people intend to do, and sometimes, people may not even be aware that they are doing something illegal. Traffic violations are a common example of this.

In most states, minor traffic violations are handled in traffic court, while more serious driving-related offences are prosecuted in criminal court. The penalties for minor traffic violations are less severe, and defendants in these cases do not have the same rights as defendants in criminal cases. For example, motorists accused of minor traffic violations typically do not have the right to a jury trial and are not entitled to court-appointed counsel.

It's important to note that the specific laws and penalties related to traffic violations can vary by state and municipality. For instance, in some states, minor traffic violations are not considered "crimes" but are instead classified as "civil" offences, which can impact the standard of proof required for a conviction.

Regardless of the severity of the violation, anyone charged with a traffic offence should take it seriously and consider consulting an attorney to guide them through the legal process and interactions with authorities.

Frequently asked questions