Understanding the Differences Between Illegal and Unlawful: A Comprehensive Guide
In the field of law enforcement and legal professions, the terms "illegal" and "unlawful" can be frequently encountered. However, many people are often confused about the precise differences between these two terms. While they are often used interchangeably, there are nuanced distinctions that can be significant in legal contexts.
Defining the Terms
Let's start by defining each term:
Illegal
An act is considered illegal if it contravenes a written law or legal statute. If someone commits murder or embezzlement, these actions are illegal and fall under criminal law. The term "illegal" typically refers to prosecutions where someone is charged with violating a specific statute.
Unlawful
On the other hand, an act is unlawful if it is against the rules but not specifically against a written law. An example of an unlawful act would be jaywalking, which is against the local traffic ordinances but not against a federal or state statute.
Examples in Context
Unlawful but Not Illegal: Jaywalking in Portland, OR
In Portland, Oregon, jaywalking is an unlawful act. Crossing the street outside a crosswalk or against a traffic signal is against local ordinances. However, it is not an illegal act unless it results in a collision that causes injury or death. As a general rule, unlawful actions do not result in incarceration but can lead to fines or other penalties.
Crowbar in a Skimask: An Example of Suspicion
No matter how suspicious a person's actions might be, carrying a crowbar while wearing a skimask alone in the dark behind a bank at night is neither illegal nor unlawful. However, the police can question the person due to the suspicious behavior. In many cases, individuals might feel intimidated or might run, leading to an arrest and potential charges of an illegal act like breaking and entering or assault.
Migration and Lawful Entry
In the context of immigration, entering the United States without proper documentation is unlawful but not illegal. If the person is deported or faces other legal consequences, it can then become illegal if they re-enter the country without authorization. This highlights the distinction: unlawful is about not complying with rules set by the government, whereas illegal is about violating a written statute.
Lawful and Unlawful in Action
A lawful use of a weapon is hunting deer on private land or defending against an immediate threat. Such actions are permissible under the law. However, once the threat has been neutralized, using the weapon against a non-combatant is not a lawful use and can be unlawful. Similarly, a lawful killing in the context of self-defense or law enforcement is not the same as illegal murder, which involves premeditated and intentional killing.
Legal vs. Law Enforcement Perspectives
From a legal perspective, criminal acts are illegal, meaning they violate a written statute. From a law enforcement perspective, unlawful actions are those that violate local, state, or federal ordinances but do not necessarily break a written statute. In practical terms, both terms are often used interchangeably, especially in common language, but in legal contexts, they serve different purposes.
Conclusion
Understanding the nuances between "illegal" and "unlawful" can be crucial in both legal and law enforcement contexts. While they are often used interchangeably, it is important to recognize the distinctions for proper legal advice and case handling. Lawful and unlawful actions help define the boundaries of behavior within a society, and understanding these terms can be beneficial for both legal professionals and laypeople alike.