Examples of Victimless and Harmless Crimes

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Steven is angry because his friend Bob broke his skateboard. Steven gets his gun, which has a silencer on it, and puts it in the glove compartment of his car. He then begins driving to Bob’s house. While Steven is driving, he exceeds the speed limit on three different occasions. Steven arrives at Bob’s house and then he hides in the bushes by the mailbox and waits. After an hour, Bob opens the front door and walks to the mailbox. Bob gets his mail, turns around, and begins walking back to the house. Steven shoots at Bob three different times but misses, and the bullets end up landing in the dirt. Bob does not notice the shots because of the silencer.

In this example, Steven has committed several crimes: (1) If Steven does not have a special permit to carry a concealed weapon, putting the gun in his glove compartment is probably a crime in most states. (2) If Steven does not have a special permit to own a silencer for his gun, this is probably a crime in most states.(3) If Steven does not put the gun in a locked container when he transports it, this is probably a crime in most states. (4) Steven committed a crime each time he exceeded the speed limit. (5) Each time Steven shot at Bob and missed, he probably committed the crime of attempted murder or assault with a deadly weapon in most states. Notice that none of the crimes Steven committed caused any discernible harm. However, common sense dictates that Steven should be punished so he does not commit a criminal act in the future that may result in harm.

Figure 1.2 Crack the Code 

 

LAW AND ETHICS: THE O. J. SIMPSON CASE

Two Different Trials—Two Different Results
O. J. Simpson was prosecuted criminally and sued civilly for the murder and wrongful death of victims Ron Goldman and his ex-wife, Nicole Brown Simpson. In the criminal prosecution, which came first, the US Constitution provided O.
J. Simpson with the right to a fair trial (due process) and the right to remain silent (privilege against self-incrimination).Thus the burden of proof was beyond a reasonable doubt, and O. J. Simpson did nothave to testify. O. J. Simpson was acquitted, or found not guilty, in the criminal trial. 1
In the subsequent civil lawsuit, the burden of proof was preponderance of evidence, which is 51–49 percent, and O. J. Simpson was forced to testify. O. J. Simpson was found liable in the civil lawsuit. The jury awarded $8.5 million in compensatory damages to Fred Goldman (Ron Goldman’s father) and his ex-wife Sharon Rufo. A few days later, the jury awarded punitive damages of $25 million to be shared between Nicole Brown Simpson’s children and Fred Goldman. 2

1. Do you think it is ethical to give criminal defendants more legal protection than c ivil defendants? Why or why not?
2. Why do you think the criminal trial of O. J. Simpson took place before the civil trial? Check your answers to both questions using the answer key at the end of the chapter.

KEY TAKEAWAYS

• Civil law regulates the private rights of individuals. Criminal law regulates individuals’ conduct to protect the public.
• Civil litigation is a legal action between individuals to resolve a civil dispute. Criminal prosecution is when the government prosecutes a defendant to punish illegal conduct.

EXERCISES

Answer the following questions. Check your answers using the answer key at the end of the chapter.

1. Jerry, a law enforcement officer, pulls Juanita over for speeding. When Jerry begins writing Juanita’s traffic ticket, she starts to berate him and accuse him of racial profiling. Jerry surreptitiously reaches into his pocket and activates a tape recorder. Juanita later calls the highway patrol where Jerry works and files a false complaint against Jerry. Jerry sues Juanita for $500 in small claims court for filing the false report. He uses the tape recording as evidence. Is this a civil litigation matter or a criminal prosecution?
2. Read Johnsonv. Pearce, 148 N.C.App. 199 (2001). In this case, the plaintiff sued the defendant for criminal conversation. Is this a civil litigation matter or a criminal prosecution? The case is available at this link:http://scholar.google.com/scholar_case?case=10159013992593966605&q=Johnson+v.+Pearce&hl=en&as_sdt=2,5.