[net.legal] Ignorance of the law

adm@cbneb.UUCP (06/25/84)

#N:cbnap:17000001:000:941
cbnap!whp    Jun 25 16:06:00 1984

All the information I have been reading about the storage capacity
of the human brain set me to wondering.  If the storage capcity is
less then ~30 gigabits, and if the total amount of relevant law
(``relevant'' meaning all applicable federal, state, and local laws)
exceeds this number, then would ignorance of some specific law be
an acceptable defence, on the grounds that fore-knowledge of that
law was impossible?   It seems to me that it isn't right to pass
a law (or not allow some defence) impossible of fulfillment.
With a system of precedent law, it seems more than likely that
the limit has already been passed in the USA.

As an example, suppose you go for a car trip to another state.
In that state is is illegal to cross a single solid divider line, but
it is legal to do so in you home state.  You cross the line to pass,
and receive a citation.  In this case, if I were a judge, I think I
would allow a defence of ignorance.

fred@varian.UUCP (Fred Klink) (08/08/84)

Ignorance of law is not a defense in the strict legal sense,
although in the case you cite it may work.  Ignorance of fact,
however, is a legitimate defense if-- and here's the catch--
you can prove it.

Examples: a person on trial for burglary claims that he was unaware
that breaking into a building was illegal.  Since the defendant is
innocent until proven guilty, the prosecution would have to begin
by showing that the defendant had prior knowledge of the laws agaisnt
burglary.  As you can see ignorance of the law would *always* be used
as a defense because disproving it is legally, if not actually, impossible.

Drifting a bit from reality, lets say the same burglar we used above
had "broken into" the apartment next door to his late on a Saturday
night.  There had been a power failure so the hallway was dark and
the defendant had recently moved into the building.  Furthermore,
the next door neighbor had left her door unlocked and nothing had been
taken.  The burglar could legitimately claim ignorance of the fact
that he was entering the wrong apartment and use this as his legal
defense.

These are only principles of law.  The practice is seldom so clear
cut.

ron@brl-tgr.UUCP (08/13/84)

Another example of the ignorance of fact rule is what is done at the
Hopkins University campus.  The campus is generally open with no gates
or even NO TRESPASSING signs.  But when a person makes himself enough
of a nuisance to be thrown off campus, he is officially notified that
he is not welcome there and if caught again he will be arrested.  We
had to prove that the warning was given when we had one such person
arrested.

-Ron