3 ms·
IANAL, but I started googling and here's what I found... I've heard of "mens rea", which means in order for a crime to be committed, you need to have a "guilty
by devoutsalsa 3y ago
IANAL, but I started googling and here's what I found...
I've heard of "mens rea", which means in order for a crime to be committed, you need to have a "guilty mind".
From what I can tell, ignorance of the law can be an excuse. If there's a law stating that wearing purple on Tuesdays is a criminal offense, and I wear purple on Tuesday, a prosecutor would have to prove that I knowingly & willingly committed a crime (e.g. showing a social media post where I saw "I'm going to wear purple this Tuesday. I dare you to arrest me!").
In the case of a traffic offense, ignorance of the law is typical not an excuse because a traffic not a criminal offense.
Can a real lawyer comment here?
Sources for my amateur legal assessment:
- mens rea: https://www.law.cornell.edu/wex/mens_rea https://www.law.cornell.edu/wex/mens_rea
- Actus Reus vs. Mens Rea vs. Strict Liability: https://shorylaw.com/actus-reus-vs-mens-rea-vs-strict-liability/ https://shorylaw.com/actus-reus-vs-mens-rea-vs-strict-liabil...
- BHSPitMonkey 3y agoMany traffic offenses do cross the line into criminal law. I also am not a lawyer, but I think the applicability of mens rea depends on whether it's written into the statute in question. When it comes to offenses like speeding, generally a part of obtaining a drivers license is accepting responsibility for knowing the rules of the road ahead of time.