Law in Contemporary Society

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ZebulunJohnsonFirstEssay 5 - 10 Mar 2016 - Main.EbenMoglen
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Negligent Knowledge of the Law

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Reasonable Legal Mistake and Lack of Intent to Cause Harm as a Legal Defense

By using terms such as “good faith” and “reasonable belief,” the MPC already accepts the idea that sometimes people are not blameworthy for their ignorance. However, there appears to be a justification gap in the MPC's punishing of reasonable efforts to follow the law with no intent to harm. Without a rationale based on justice to support the idea that such acts are blameworthy, the MPC violates one of the basic tenets of criminal law: criminal liability falls only on those at fault for their conduct. Due to these reasons, reasonable efforts to follow the law with no intent to harm should not give rise to criminal liability.

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But there are juries and prosecutors as well as law books. Why should the law itself make provision in a mechanical fashion for the decisions that human prosecutors possessed of discretion and responsibility not to prosecute, and jurors possessed of the absolute power to acquit, are perfectly capable of making?

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Revision 5r5 - 10 Mar 2016 - 13:12:31 - EbenMoglen
Revision 4r4 - 05 Mar 2016 - 19:39:52 - ZebulunJohnson
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