Difference Between Jaywalking and Trespassing

When it comes to crime, it is an omission or action which generally constitutes an offense. In simple words, it is a harmful act not only to some individuals also to society, community, or the state.

For committing a crime, the government or state has the power to critically restrict the liberty of one.  

There is a range of crimes like offensive weapons, dangerous drugs, forgery, public order offense, incorporate offense, juvenile delinquency, victimless crime, and many more.

Jaywalking and trespassing are two of the offense in which trespassing comes under tort law. In this article, the chief aim is on differentiating jaywalking and trespassing. 

Jaywalking vs Trespassing 

The main difference between jaywalking and trespassing is that for jaywalking, the punishment is mainly to accept a fine for breaking the state laws of pedestrian walking. On the other hand, imprisonment for a term that might extend to months or with a fine is the punishment for trespassing. 

Jaywalking vs Trespassing

Jaywalking is a term that has its origin traced in the United States mainly for pedestrians crossing or walking in a roadway that has traffic.

Otherwise in a traffic rule’s disregard or other than at a suitable crossing point. The term originated with mainly jay-drivers the people who drove automobiles and horse-drawn carriages on the road’s wrong side. 

In law, trespassing is the entry upon the land in an unauthorized manner. Initially, it was wrongful conduct directly causing loss or injury and thus was the law of tort’s origin in common law countries.

Now it is generally confined to issues comprising real property. Neither knowledgeability nor malice is essential to trespass. 

Comparison Table Between Jaywalking and Trespassing 

Parameters of ComparisonJaywalkingTrespassing
InterpretationWalk or cross in the road or street without regard for approaching traffic or unlawfully.Enter someone’s property or land without permission.
OriginEnforced as law in 1912Enforced as law in 1994
CausesConvenience and personal safetyIntention to harm
ClassificationThere is no such classificationTrespass to chattels, trespass to land, and trespass to the person. 
ExampleDashing across the street against a red light.For hunting, walking onto private land.

What is Jaywalking? 

By jurisdiction, the jaywalking laws vary widely. In many countries like the UK, the word jaywalking is not generally used and with certain high-speed road exceptions, there are no laws limiting how public highways can be used by pedestrians.

Countries with such laws lead to confusion among tourists. Although jaywalking vary by locality and the practice fails to simply be explained by corresponding distinctive in law.

For instance, cities like New York City and Copenhagen have similar restrictions at crosswalks on jaywalking but in New York, the practice is far more usual.  

Pedestrians might dislike using the crossing at intersections, for reasons like from several directions discomfort dealing with traffic or for avoiding extra air emission due to starting and stopping of vehicles.

Due to a lack of sidewalks, people might jaywalk in suburban and rural areas.  

Crosswalks with unsignaled marks where drivers are likely to yield to pedestrians are not safer necessarily than their unmarked counterparts.

Here, pedestrians behave more cautiously and do not expect yielding by motorists. Approx 60% of pedestrian deaths of Americans occur outside of crosswalks. 

What is Trespassing? 

Trespass is an area of tort law or criminal law broadly classified. Firstly, historically, trespass to the person comprises six distinctive trespasses: false imprisonment, battery, treats, mayhem, assault, and wounding.

Through the common law’s evolution jurisdictions and the common law tort’s codification, most jurisdictions now recognize only three.  

Today, trespass to land is the tort most commonly linked with the term trespass and takes the form of namely, “interference in a wrongful way with one’s possessory rights in the property.”

It is not vital to prove harm to a legally protected interest or liability of a possessor.” Trespass to chattels is described as “an international interference with the personal property’s possession proximately causing injury.”

Originally, a remedy for the personal property’s poration, the tort grew to incorporate interference with another’s personal property.  

In criminal law, trespassing is accomplished by force’s intentional demonstration calculated to alarm or intimidate the accomplished or owner in a way to tend toward the peace’s breach.

Trespass tends to a peace’s breach otherwise it is not considered to be criminal. 

Main Differences Between Jaywalking and Trespassing 

  1. Jaywalking is illegal and dangerous because it can interfere with the traffic law as drivers can catch off guards. In contrast, trespassing is illegal because whoever enters upon or into the property in another’s possession with intent for committing an offense remains unlawfully as there was the intent.  
  2. The origin of the word jaywalking can be traced from English namely, jay meaning silly person and secondly walk. Meanwhile, the origin of the word trespassing can be traced from the old French ‘trespasser’ and the Latin word ‘transpassare’ both of which simply means ‘pass across.’  
  3. “The police officer warned Ray not to jaywalk” is the instance that used jaywalk in its sentence. On the other hand, the instance of using trespassing in a sentence is “Ray doesn’t want to trespass on Laura’s hospitality.”  
  4. The countries that consider jaywalking as an offense are Canada, Spain, the United States, Belgium, Poland, and many more. On the other hand, Scotland, the UK, India, and Nigeria are some of the countries that consider trespassing as an offense.  
  5. The punishment of jaywalking is mainly to accept a fine for breaking the state laws of pedestrian walking. On the contrary, the punishment of trespassing is imprisonment for a term that might extend to months or with a fine. 
Difference Between Jaywalking and Trespassing

Conclusion 

It can be concluded that both jaywalking and trespassing are two of the offense in which trespassing comes under tort law. The causes of jaywalking include convenience and personal safety for crossing the street.

On the contrary, intention to harm is the main cause behind trespassing. The trespassing can be classified into trespass to chattels, trespass to land, and trespass to the person.  

Walk or crossing in the road or street without regard for approaching traffic or unlawfully can be described as jaywalking. Meanwhile, to enter someone’s property or land without permission can be referred to as trespassing.

An example of jaywalking is dashing across the street against a red light. On the other hand, for hunting, walking onto private land is an example of trespassing. 

References  

  1. https://onlinelibrary.wiley.com/doi/abs/10.1901/jaba.1982.15-469
  2. https://ideas.repec.org/b/cup/cbooks/9780521282437.html
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