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 the, ignorance of, ignorance and/or law:
“The vanity of the sciences. Physical science will not console me for the ignorance of morality in the time of affliction. But the science of ethics will always console me for the ignorance of the physical sciences.”
—Blaise Pascal (1623–1662)
“Ignorance of what real learning is, and a consequent suspicion of it; materialism, and a consequent intellectual laxity—both of these have done destructive work in the colleges.”
—Katharine Fullerton Gerould (1879–1944)
“His ignorance was as remarkable as his knowledge.”
—Sir Arthur Conan Doyle (1859–1930)
“It is a law of life that human beings, even the geniuses among them, do not pride themselves on their actual achievements but that they want to impress others, want to be admired and respected because of things of much lower import and value.”
—Stefan Zweig (18811942)