What is exceptional today will be commonplace tomorrow. This truism applies to innovations as well as inventions. And the transition of the “exceptional” technology into everyday life can devalue its role as evidence in the calculus of guilt. In other words, possession of some things might be too common to be criminal.
Law and culture operate on different planes. Technologies typically enter into the commonplace well ahead of legislative recognition of changing societal norms. As a result, the law tends to criminalize the innocent varia of modern life because legal assumptions lag behind popular usage and custom. Thus, modern conveniences that might fall under suspicion can include anything from cell phones to soup cans.
Commonplace vs. Common Law
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
