Written by attorneys · grounded in primary & secondary sources — see below
A person who violates or has violated the law.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Unlawful Act Causing Death
Lucy Liu drove her car while intoxicated and struck a pedestrian, killing him. Her conduct constituted an unlawful act under the common law formulation for involuntary manslaughter. As a result, Lucy qualifies as a lawbreaker subject to criminal liability for the death.
Grand Jury Indictment Requirement
Lars Lindstrom faced federal charges for a serious offense but received no grand jury presentment. The Fifth Amendment barred holding him to answer without that process. Lars therefore remained outside the status of a lawbreaker until proper indictment issued.
Judicial Notice in Criminal Trial
Lucia Lopez stood trial for theft. The court took judicial notice of a publicly recorded fact about the stolen item's value. The jury received an instruction that it could accept or reject the noticed fact, preserving Lucia's opportunity to contest the facts bearing on whether she qualified as a lawbreaker.
Lola Langley discovered her client planned to use her services to commit fraud. The Model Rules permitted withdrawal because the client persisted in a course the lawyer reasonably believed was criminal. Lola's client thereby remained a lawbreaker whose conduct triggered the withdrawal right.
Duress by Criminal Prosecution Threat
Lila Lin threatened Levi Lowe with criminal prosecution unless he signed a contract modification. The Restatement treats such a threat as improper, rendering the resulting agreement voidable. Levi's resulting signature did not convert him into a lawbreaker.
Exclusionary Rule in State Court
Lakeshore Industries employees faced state prosecution after police seized documents without a warrant. The Supreme Court applied the exclusionary rule to bar the evidence in state proceedings. The officers' unconstitutional conduct triggered suppression of the fruits.
Common questions
Frequently Asked
1
What distinguishes a lawbreaker from someone who merely faces civil liability?+
A lawbreaker violates a criminal prohibition or engages in conduct the law classifies as unlawful, whereas civil liability arises from breaches of duties that do not necessarily involve criminal sanctions. The distinction turns on whether the conduct meets the elements of a crime or other unlawful act under the governing legal standard.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…the Texas abortion laws, has standing to challenge the facial validity of those laws. A physician who is faced with the risk of criminal prosecution for violation of a statute regulating the performance of abortions may assert his patients' rights as well as his own. Pp. 127-129. 3. The District Court correctly refused…