this is a cornerstone of our criminal justice system. But lets think this through. There are thousands of laws on the books, and surely most citizens are not aware of most of them. So how can you be found guilty of committed a crime if you did not know it was a crime. Is that fair? Isn't our justice system also based on the idea that "intent" is an important factor as well?
If I am visiting a strange down and spit on the street, and some Barney Fife character comes to arrest me for violating city ordinance xyx, and I say to him I did not know it was illegal, etc.
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A sore spot for me.... your question... I love it. I don't want to blame the people who made the laws, but I am. Why not have a class in kindergarten on laws, is that young enough... Attorneys and Judges went to law school. Maybe, they should pay the school systems to teach a class on law. Because, most of the people can't afford to go to law school, much less pass the bar exam. At this time there are 2.1 million people in our prisons in the USA. Not all of these people are killers/sex offenders.....bad checks, pot, DUI's, and of coarse meth. And I know this from first hand experience, spent 20 months incarcerated for Forgery. I did my time and the crime. But, I saw so many women without there children, now in DHS custody and turned into foster kid's that the same state that put them there are now having to put out more money to help these kids and families of prisoners. When you get out - of coarse you are a felon in my state for at least 10 years before you are pardoned by the Governor and then you have to go to court and get it expunged from your record. Some states like California, there is no waiting period. You can go to court the next day and get it expunged. I even had my car insurance cancelled because I admitted honestly that I was a convicted felon. I feel for the people who don't know even how to read, how are they expected to know the law? Maybe, at birth each state should issue your child law books, instead of a SS#. This country is just as bad or worst than the third world countries concerning - ignorance of the law is no defense. Makes me want to go live in a cave. For real.... good question. Thanks for reading.
Intent is only necessary to prove that you intended to commit the act that violated the law. You don't have to intend to break the law, you only had to intend to spit. So I don't think it is unfair that you didn't know the law. I do think that it is unfair that you could be arrested or fined for spitting, however crude it may be.
I would pay the fine and debate it later. Sometimes we must blow off some petty things and go about our business, I know that sounds like a cop out but lets be real. If you feel that this is just to lame, go to court and plead your case, that is the American way. Good luck to you and I hope you are happy with the results.
I tend to agree with you. When laws were simple, fine. But now, the law has become incredibly complex and the average citizen cannot be expected to know them all.
This hits home. As a many time screw-up, I can tell you first hand that ignorance will not get you away from a charge. This being said isn't it time we hold the law-makers and the system for the MAJOR crimes they commit in order to justify their budget? The Duke boys have very limited recourse for the crime perpetrated by the girl and the worse crime by the DA. It's time to hold these people to the higher standard that they claim to live by. They are immune, in most cases from prosecution, which means that the DA, Mr. Hearsay himself, has absolutely no business being in a courtroom. His so-called facts come from a sheet of paper written by a cop, who has been thru a creative writing class. Anything you say will be twisted to fit the opinion of the people prosecuting the case. Don't ever believe these opinions are actually factual.
the way the goverment views this is because of public record laws it is our responsability to know the law.an example on a obvious example is on the concealed carry permit for fire arms this law verys state to state and though law enforcement may take it easy on you if you are ignorant of local laws that is there choice they are not required to.another example is the same as driving with a burned out tail light the police may give you a warning but they are certinly not required to.i would think such things are situational.but like they say in tdcj ignorance is not an excuse we live in an era of information being at the click of a mouse or push of a button i suggest if your going somewhere you are not familar with do some home work
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