Keith Mack
The legal principle of ignorantia juris non excusat (ignorance of the law is no excuse) is derived from Roman law. In other words, if someone breaks the law, they are liable even if they were unaware of it. However, ignorance of the law may be considered a valid defense in certain circumstances, such as when a new law has been passed without sufficient publicity. In some cases, it may also be a mitigating factor in sentencing. Navigating the legal system can be challenging due to the complexity and number of laws, as well as discrepancies between state, federal, and municipal laws. As such, it is essential to seek legal advice from a competent defense lawyer to determine if ignorance can be asserted as a defense strategy.
| Characteristics | Values |
|---|---|
| General rule | Ignorance of the law is not an excuse |
| Legal principle | ignorantia juris non excusat (ignorance of the law excuses not) or ignorantia legis neminem excusat (ignorance of law excuses no one) |
| Origin | Derived from Roman law |
| Rationale | If ignorance were an excuse, a person charged with a criminal offense or civil lawsuit would merely claim they were unaware of the law in question to avoid liability |
| Exceptions | In some cases, ignorance may be a mitigating circumstance when considering sentencing in a criminal case or reduced damages in a civil case |
| Exceptions | Ignorance may be considered a valid defense if a brand new law has been passed and the public is not given sufficient time to be aware of it |
| Exceptions | Ignorance may be a defense in some cases where the defendant must have acted "willfully" when violating the law |
| Exceptions | Ignorance may be a defense in some cases where the defendant was unaware of the circumstances that made their conduct a crime |
| Exceptions | Ignorance may be a defense in some cases where the defendant was unaware that their conduct was prohibited by law |
| Exceptions | Ignorance may be a defense in some cases where the defendant can show that they were "reasonably" ignorant |
| Exceptions | Ignorance may be a defense in some cases where the defendant can show that their ignorance prevented them from having the "mental state" required for criminal culpability |
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What You'll Learn
Ignorance of the law is no excuse
The legal principle of ignorantia juris non excusat (ignorance of the law excuses not) or ignorantia legis neminem excusat (ignorance of law excuses no one) is derived from Roman law. In other words, "ignorance of the law is no excuse". This means that if someone breaks the law, they are liable even if they had no knowledge of the law being broken.
The rationale behind this doctrine is that if ignorance were a valid excuse, a person charged with a criminal offense or civil lawsuit could simply claim that they were unaware of the law in question to avoid liability, even if they genuinely knew what the law was. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction, regardless of how transiently they are there. This is to ensure that willful blindness cannot become the basis of exculpation.
However, this can get complicated as determining whether ignorance can be asserted as a defense requires a clear and comprehensive understanding of both the relevant facts and the relevant law. While many crimes require evidence of the defendant's mental state, some do not. These are known as ""strict liability" offenses, where it doesn't matter what the defendant was thinking at the time in question.
That being said, ignorance of the law can be considered a valid defense in certain limited circumstances. For example, if a brand new law has been passed and the public is not given sufficient time to be aware of it, or if the law is unclear or the defendant sought advice from law enforcement or regulatory officials. In the US, the Supreme Court has made some exceptions to the "ignorance is not an excuse" defense. For instance, in the 1957 case of Lambert v. California, the Court ruled that the defendant's failure to register as a felon after moving to Los Angeles was a "wholly passive act" as she was unaware of the ordinance requiring her to do so.
In conclusion, while ignorance of the law is generally not an excuse, there may be mitigating circumstances where it can be considered as a factor in sentencing or reduced damages.
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Ignorance as a defence
The legal principle of ignorantia juris non excusat (ignorance of the law excuses not) or ignorantia legis neminem excusat (ignorance of law excuses no one) is derived from Roman law. Essentially, it means that if someone breaks the law, they are liable even if they had no knowledge of the law being broken.
In criminal law, although ignorance may not clear a defendant of guilt, it can be a consideration in sentencing, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials. For example, in a Canadian case, a person was charged with possession of gambling devices after being advised by customs officials that it was legal to import them into Canada. Although the defendant was convicted, the sentence was an absolute discharge.
There are certain circumstances where ignorance can be a defence. For instance, if a brand-new law has been passed and the public is not given sufficient time to be aware of it, ignorance may be considered a valid defence. In such a case, it is in the best interest of the defendant to enlist the legal assistance of an experienced criminal defence attorney.
In the United States, the Supreme Court has ruled that ignorance of the law is not a defence. However, depending on the context of the accusation, there are exceptions to this rule. For example, in the 1957 case of Lambert v. California, the Court ruled that the defendant's failure to register as a felon after moving to Los Angeles was a "wholly passive act". Lambert was unaware of an ordinance requiring that she register as a felon if in the city of Los Angeles for more than five days. Because she was not allowed to use ignorance of the law as a defence, she was convicted, fined, and sentenced to probation.
In another case, a seaman on a clipper ship shot another person. Although he was found guilty, he was pardoned because the law had been changed while he was at sea and he could not have known about it.
It is important to note that ignorance is a defence in some cases, such as when an individual is unaware of the circumstances that made their conduct a crime or when they are unaware that their conduct is prohibited by law. However, it is necessary to demonstrate that the ignorance was reasonable and that the individual should not have known that their conduct was illegal under the circumstances.
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Mitigating circumstances
Ignorance of the law is generally not considered a valid excuse for committing a crime. The legal principle of ignorantia juris non excusat (ignorance of the law excuses not) or ignorantia legis neminem excusat (ignorance of law excuses no one) is derived from Roman law. This principle essentially means that if someone breaks the law, they are still liable even if they had no knowledge of the law being broken.
However, ignorance of the law may be considered a mitigating circumstance in certain cases. Mitigating circumstances are factors that do not justify or excuse a criminal act but may reduce the defendant's degree of responsibility or help explain their actions. In the context of ignorance of the law, mitigating circumstances can influence sentencing or reduce damages in a civil case. Here are some scenarios where ignorance of the law may be considered a mitigating factor:
Unawareness of the Circumstances: In some cases, a person may be unaware of the specific circumstances that made their conduct illegal. For instance, in a Canadian case, a person was charged with possessing gambling devices after being advised by customs officials that importing such devices into Canada was legal. While the defendant was convicted, the sentence was an absolute discharge due to their reliance on the misinformation provided by officials.
Lack of Knowledge of the Law: In certain situations, a defendant may be able to claim ignorance of the law as a defence if they can demonstrate that they were reasonably unaware of the legal prohibition. For example, if a new law is passed without sufficient publicity or time for the public to become aware, ignorance of this law may be considered a valid defence. This is particularly relevant in cases where the law is unclear or ambiguous.
Isolated or Distant Regions: In isolated or distant regions, individuals may have a genuine inability to access and remain current with legal information. In such cases, ignorance of the law may be considered a mitigating factor. For example, in a case in British Columbia, hunters were acquitted of game offences because the law had changed while they were in the wilderness hunting, and they had no means of knowing about the change.
Advice from Authorities: If a person seeks advice from law enforcement or regulatory officials and acts based on the information provided, ignorance of the law may be considered a mitigating factor. This scenario is similar to the Canadian case mentioned above, where the defendant relied on misinformation from customs officials.
Absence of Fair Notice: In the Lambert case, the U.S. Supreme Court ruled that a conviction could not stand if there was no evidence that the defendant was aware of a specific legal requirement. This case created a precedent for the requirement of fair notice under the Due Process Clause. If individuals are not provided with adequate notice of a law or legal requirement, ignorance may be considered a mitigating factor.
While ignorance of the law generally does not excuse criminal conduct, there are specific circumstances where it may be considered a mitigating circumstance. These scenarios often involve factors that contribute to an individual's reasonable lack of knowledge about the law or their reliance on misinformation provided by authorities. It is important to note that the applicability of ignorance as a mitigating factor can vary across jurisdictions, and seeking legal advice from a qualified lawyer in the relevant jurisdiction is essential.
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Exceptions to the rule
The legal principle of ignoritia juris non excusat (Latin for "ignorance of the law excuses not") or ignoritia legis neminem excusat ("ignorance of law excuses no one") is derived from Roman law. This principle assumes that the public knows the laws, and a defense of ignorance is typically not allowed.
However, there are some exceptions to the "ignorance is not an excuse" defense. Here are some examples:
Lambert v. California (1957)
In this case, the Supreme Court of the United States ruled that a person who is unaware of a malum prohibitum law cannot be convicted of violating it if there was no probability that they could have known the law existed. The defendant's failure to register as a felon after moving to Los Angeles was deemed a "wholly passive act," and she was not allowed to use ignorance of the law as a defense. However, because she was unaware of the ordinance, she was not convicted but was fined $250 and sentenced to three years of probation.
United States v. Freed (1971)
The Supreme Court ruled that the exception in Lambert v. California does not apply when a reasonable person would expect their actions to be regulated, such as when possessing narcotics or dangerous weapons.
Heien v. North Carolina (2014)
The Supreme Court held that even if a police officer mistakenly believes that a person has violated the law due to their misunderstanding of the law, the officer's "reasonable suspicion" does not violate the Fourth Amendment.
State v. Miller
In this case, the defendant was convicted of possessing a pseudoephedrine product after a methamphetamine-related offense. The court of appeals found that ignorance was a defense for Miller, as the related pseudoephedrine regulations were posted to ensure reasonable notice, and Miller followed those procedures. The court also considered that Miller was on probation at the time, and neither his probation officer nor the pharmacist who sold him the substance was aware of the change in the law.
Cheek v. United States (1991)
The Supreme Court recognized an exception to the general rule that ignorance of the law is not a valid defense in the context of federal criminal tax statutes. The Court interpreted the term "willfully" as carving out an exception to the traditional rule, considering the complexity of tax laws.
Canadian Case Involving Gambling Devices
In this case, a person was charged with possessing gambling devices after being advised by customs officials that it was legal to import them into Canada. Although the defendant was convicted, the sentence was an absolute discharge due to their reliance on the advice of officials.
British Columbia Case Involving Hunters
Four hunters were acquitted of game offenses because the law was changed while they were in the wilderness hunting, and they could genuinely be ignorant of the law due to their isolation.
Early English Law Case Involving a Seaman
A seaman on a clipper, before the invention of radio, shot another person. Although found guilty, he was pardoned because the law had been changed while he was at sea.
Brazilian Law
In Brazil, an "actual good faith belief based on a misunderstanding caused by the complexity of the tax law" is a valid legal defense.
While ignorance of the law is generally not an excuse, there are exceptions to this rule, as demonstrated in the cases outlined above. These exceptions often involve circumstances where the defendant had no reasonable way of knowing the law, relied on incorrect information from officials, or where the law was unclear or changed.
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Criminal culpability
The principle of ignorantia juris non excusat (ignorance of the law is no excuse) is derived from Roman law. In other words, if someone breaks the law, they are liable even if they had no knowledge of the law being broken. This is because, if ignorance were an excuse, a person charged with a criminal offence could simply claim they were unaware of the law in question to avoid liability.
However, ignorance of the law may be considered a valid defence in certain circumstances. For example, if a brand new law has been passed and the public is not given sufficient time to be aware of it, or if the law is unclear, or if the defendant sought advice from law enforcement or regulatory officials. In the US, the Supreme Court has ruled that ignorance of the law does not excuse criminal liability, but there are exceptions to this rule. For example, in the 1957 case of Lambert v. California, the Court ruled that the defendant’s failure to register as a felon after moving to Los Angeles was a “wholly passive act” and, because she was unaware of the ordinance requiring her to register, she was not convicted.
In addition, there are some crimes that require evidence of the defendant’s mental state, known as “strict liability” offences. If a person is being charged with a strict liability offence, it doesn’t matter what they were thinking at the time. However, if a person can show that they were “reasonably” ignorant, and that their ignorance prevented them from having the “mental state” required for criminal culpability, then ignorance may be used as a defence.
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Frequently asked questions
Ignorance of the law is generally not an acceptable defence. The legal principle of ignorantia juris non excusat (ignorance of the law excuses not) is derived from Roman law. However, ignorance of the law may be considered a valid defence in certain cases, such as when a new law has been passed without sufficient notice to the public.
The doctrine, "Ignorance of the law is no excuse", first appears in the Bible in Leviticus 5:17: "And if any one sin, and do any of the things which Jehovah hath commanded not to be done; though he knew it not, yet is he guilty, and shall bear his iniquity." Mosaic law holds that people who violated God's laws unintentionally must be held accountable.
No, in strict liability cases, it does not matter what the defendant was thinking or was not thinking. For example, in New Jersey, strict liability vehicular homicide is when a death is caused by "driving a vehicle while intoxicated".
No, in most cases such as murder, theft, assault, and arson, defendants should not be able to claim ignorance as a defence.
In a Canadian case, a person was charged with possession of gambling devices after being advised by customs officials that it was legal. Although the defendant was convicted, the sentence was an absolute discharge. In another case, four hunters in British Columbia were acquitted of game offences because the law was changed while they were hunting in the wilderness.
