Ken NJ
INReview Maven
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Registered: Dec 2003
Local time: 12:17 PM
Location: NJ
Posts: 4930
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There is a popular phrase: "Ignorance is no excuse for the law, when it comes to taxes." English law influences American law which dates back to the 17th century by British jurist John Selden. He is quoted even to this day as saying:
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| Ignorance of the law excuses no man; not that all men know the law, but because 'tis an excuse every man will plead, and no man can tell how to confute him." |
In the hypothetical you proposed, you would not be put in jail if you are asking such and presently occupying the former cellblocks of Leona Helmsley, Reverend Moon and Al Capone.  For a reasonable person to select a surrogate in committing such misdeed will nevertheless constructively put oneself at risks no less than had s/he prepared own taxes in violation of the laws, the facts to be judged by their peers in a court of law. For some reasons, those who sit in judgement drawn randomly from the voter/motor registration aren't that compassionate or forgiving when it comes to claims of ignorance for filing and paying their tax obligations. You might find the following Law Review Publication excerpts interesting. < -- Just Click Here
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Whether one is ignorant of the law is a question of one's mental state. The origin of crime relates to the philosophy of sin and natural law which have historically precluded claims of ignorance. As the story has been told, evil is fundamentally known. The classical criminal law range of mental states attempts to proscribe a world where the more evil minded should be more severely punished for a given act than the less evil minded doing the same act. Evil mindedness exists in degrees which range from acts of intention, recklessness, negligence and mindlessness. However, certain crimes are defined by the act only, and do not include a state of mind. This concept of evil is rendered latinate, in part, with the quaint notion of mala in se or mala prohibita crimes.
When a crime is evil in itself, we are supposed to know so and, therefore, not do it. Our knowledge of the crime is inherent in our humanity, justice giving some slack to the insane, but not the stupid. We all know how to sin. Ignorance that murder is a crime is no excuse for the crime of murder.
The vagueness of criminal statutes creates additional problems. First, due process is not afforded a defendant charged with an unknown crime, thereby offending our collective sense of fairness and respect for law. Of course, determining what is sufficiently vague to qualify for relief on this ground is a subjective determination. Second, vague crimes are useless endeavors because of their inability to achieve deterrence.
The maxim that ignorance of law is no excuse justifiably achieved maxim status for several reasons. It is believed that rational enforcement and publication of law contribute to voluntary compliance which, therefore, leads to a more ordered society. |
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Now Apprentice 6 on NBC visiting fan site |
Last edited by Ken NJ on 03-23-2004 at 11:28 AM |
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03-23-2004 07:38 AM
