Ignorance of The Law and mens Rea
The general rule under common law is that "ignorance of the law or a mistake of law is no defense to criminal prosecution." In some cases, courts have held if knowledge of a law, or the intent to break a law, is a material element of an offense a defendant may use ignorance as a defense to willfulness if his misunderstanding is in good faith:
The proliferation of statutes and regulations has sometimes made it difficult for the average citizen to know and comprehend the extent of the duties and obligations imposed by the tax laws. . . . he Court almost 60 years ago interpreted the statutory term "willfully" as used in federal criminal tax statutes as carving out an exception to the traditional rule."Crimes like tax evasion are specific intent crimes and require intent to violate the law as an element of the offense. Not all offenses require specific intent, and a misreading, even in good faith, may not excuse the criminal conduct. A good-faith belief that a law is unjust or unconstitutional is no excuse, but "reasonable compliance upon an official statement of law, afterward determined to be invalid or erroneous" does not constitute a criminal act.
Read more about this topic: Mens Rea
Famous quotes containing the words ignorance of, ignorance and/or law:
““We should have to be God ourselves!”MWith a phrase so startling as this yet ringing in my ears, I nevertheless venture to demand if this our present ignorance of the Deity is an ignorance to which the soul is everlastingly condemned.”
—Edgar Allan Poe (1809–1849)
“God has bestowed two gifts on man: hope and ignorance. Ignorance is the better of the two.”
—Victor Hugo (1802–1885)
“It is time that we start thinking about foundational issues: about our attitudes toward fair trials... Who are the People in a multicultural society?... The victims of discrimination are now organized. Blacks, Jews, gays, women—they will no longer tolerate second-class status. They seek vindication for past grievances in the trials that take place today, the new political trial.”
—George P. Fletcher, U.S. law educator. With Justice for Some, p. 6, Addison-Wesley (1995)