Tag Archives: mistake of law

When Ignorance is an Excellent Excuse

Originally published at National Review by Evan Bernick | 1/13/14
It’s time for our lawmakers to end overcriminalization. In the wake of media reports that 40,000 new federal, state, and local laws will go into effect this year, there’s no better time for Americans to revisit the old maxim that “ignorance of the law is no excuse.” An unknown number of these new provisions are criminal laws that can deprive us of our liberty and brand us for life. No ordinary American can be expected to know every law, new and old, on the books, not even every criminal law. Continue Reading

Heritage Report: Fighting Back Against Over-Criminalization: The Elements of a Mistake of Law Defense

Originally published at The Heritage Foundation by Paul J. Larkin, Jr. | 6/12/13
A myriad of problems are caused today by overcriminalization—the misuse and overuse of criminal law, which ensnares average citizens for committing acts that are not morally blameworthy and that most people would not know are crimes. Punishing someone who is morally blameless is unjust and engenders disrespect for our legal system. Continue Reading

Heritage Report: The Need for the Mistake of Law Defense as a Response to Overcriminalization

Originally published at The Heritage Foundation by Paul J. Larkin Jr. | 4/11/13
By heavily regulating criminal procedure alone but leaving the definition of crimes and offenses almost entirely in the hands of the political process, the Supreme Court has left open only one option to legislators seeking to address the problem of crime: Make more and more conduct criminal. Continue Reading