Is this a matter of constitutional, criminal, civil, or military law? How do you know? This would be considered criminal law. When you break the law, there are legal punishment for the committed crime.
Is the source of the law a statute, regulation, case law, or combination? How do you know? The source of law is statute. This law is a written law that tells us what to do and what not to do; a local law that outlines the punishments (municipal law)
Determine the purpose of
the law related to the scenario. Is the law intended to protect
people's safety or people's rights? Explain your response and thoughts
on what could happen if the law did not exist. The speed limit posting is to regulate people from speeding; which can cause accidents to parties involved. This law is to protect everyone's safety and if it was inacted; people would drive however they want to and risk hurting someone or themselves. In the scenerio, the father was driving 22 miles over the speed limit with his wife and unborn child. If something had happened due to his over the speed limit, he could have harmed all that was in the car, hit someone else (if he hit another car or someone crossing/biking/ or whatever), or killed someone because of the excess speed.
Do you think the new
father has a valid argument that he should not have received a ticket?
In other words, should government change the law or make an exception?
Use details from the scenario to support your answer.
The scenario
says “signs post this law” and “sections of roads are missing signs.”
If the new father had said he didn’t know the speed limit because he
didn’t see any signs, he might have been able to get out of the ticket
in court. I do not think that the law should be changed to make
exceptions because how would you define the exceptions. However, the
officer could have used his own “discretion” about whether to give the
father a ticket, or a police escort to the hospital.
