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Newspaper Archive of
Bath County News - Outlook
Owingsville, Kentucky
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February 28, 2002     Bath County News - Outlook
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February 28, 2002
 

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r , O .......... ........ ................ .......... e Bath County News-Ouflooki Owingsvflle,: 40360 Week of Februa 28 - March 7i 2002 ...... Bi Ignorance Is Not Bliss Have you ever been pulled over for speeding, and sheepishly told the police officer you weren't aware the speed limit was that low? If so, my guess is this excuse did not work. The reason is quite simple: ignorance of the law is not an excuse for breaking it. In fact one of the tenets of our criminal court system is that ignorance of the law is not an excuse for criminal conduct. Traditionally, ignorance of the law was not an excuse for breaking it because all people were presumed to be familiar with the law and what it required. However, as the law and society has become more complicated, this rule has been criticized as unrealistic. Nevertheless, strong arguments remain for preventing ignorance of the law from being raised as a defense to criminal conduct. Foremost, allowing this defense arguable promotes ignorance. Individuals would be rewarded for not bothering to learn or consider whether their conduct was legal. Also, allowing this defense elevates an offender's view of the law over that of the community. Members of society should be encouraged to learn what the law requires and conform their behavior accordingly. Let's look at some recent cases to see how this works. In a case out of Arkansas, a sheriff was convicted of knowingly altering or tampering with a public record which is a felony. Specifically, the sheriff submitted a voucher for reimbursement for $189 for the cost of a meal for himself, two deputies and two "businessmen." The businessmen turned out to be spouses of the sheriff and his deputies. The sheriffattempted to raise as a defense his ignorance of the law that his claim for reimbursement and the supporting documents were public records. His claim was rejected on the basis that ignorance of the law is not an excuse to a criminal charge, and his conviction was upheld. In another case out of Louisiana, a than was charged with possession of a firearm by a convicted felon. The man, who had been pardoned by the governor for his previous felony, allegcJ that he thought his pardon carried with it the right to possess firearms. However, under Louisiana law, a pardon did not include the right to possess firearms. Nevertheless the trial court ruled the man could raise an ignorance of law defense. The Louisiana Court of Appeals reversed. It held ignorance of the law is not a defense, and ordered the trial court to bar the use of the defense at trial. This does not mean that the defense can never be used. A case out of Iowa is illustrative. The defendant was convicted of failing to register as a convicted sex offender. He had been convicted of sexual abuse in Illinois, and was released from prison in 1993 on parole. In 1997 while, still on parole, he was allowed by Illinois to attend college at the University of Iowa. Iowa law required he register as a convicted sex offender, but he was never advised of this by Illinois authorities. The statute requiring him to register made it an offense for l!is "willful" failure to register. The Supreme Court of Iowa held that although ignorance of the law is not an excuse for criminal conduct, the defendant in this case could not be convicted for willfully failing to do something he was never informed he had to do. With the statute requiring a person to willfully violate the requirement to register, the Court held there had to be a known duty. Kentucky generally bars ignorance of the law as a defense by statute. However, under limited circumstances it can be raised if the conduct complained of is based on an official statement of the law by judicial order or a person or agency charged with enforcing the law. Copyright @2002 William B. Mains ff 'The ProcrastiJ Lators of America' had own club, wouhl they ever hold a Some sayings that you might be able to relate to: • Growing old is mandatory; grow- ing up is optional. • Forget the health food. I need all the preservatives I can get. • Blessed are those who hunger and thirst, for they are sticking to their diets. • There cannot be a crisis this week; my schedule is already full. • The real art of conversation is not only to say the right thing in the right place, but also to leave unsaid the wrong thing at the tempting mo- ment. • The best way to forget all your troubles is to wear tight shoes. • The nice part of living in a small town is that when I don't know what I'm doing, someone else does. • The older you get, the tougher it is to lose weight, because by then your body and your fat are really good friends. • Age doesn't always bring wis- dom. Sometimes age comes alone. • You don't stop laughing because you grow old; you grow old because you stop laughing. • I had to give up jogging for my health. My thighs kept robbing to- gether and setting my pantyhose on fue. ••••KMe••• A few of the great imponderables: • When an agnostic dies, does he go to the "great perhaps"? • Why is the time of day with the slowest traffic called rush hour? • Do you think Houdini ever locked his keys in his car? • Why is there a road sign that says "Braille Institute, Next Exit"? • Can atheists get insurance for acts of God? • If procrastinators had a club, would they ever have a meeting? • If the #2 pencil is the most popu- lar, why is it still #2? • Have you ever wondered why just one letter makes all the differ- ence between here and there? • when you go to a hotel you always see "reception". Why do .you never just see "ception"? • If time heals all wounds, how come the belly button stays the same? • Ifa lawyer and an IRS agent were both drowning, and you could only save one of them, would you go to lunch or read the paper? • Isn't it strange that the same people who laugh at gypsy fortune tellers take economists seriously? • If genetic scientists crossed a chicken with a zebra would they get a four legged chicken with its own barcode? • If practice makes perfect, and nobody's perfect, why practice? • why is there always one in every crowd? • ff all the world is a stage, where does the audience sit? • Is it possible to have dfjh vu and amnesia at the same time? • Why do hair shampoo instruc- tions say "Lather. Rinse. Repeat."? If you did this, would you ever be able to stop? • who decided "Hotpoint" would be a good name for a company that sells refrigerators? • How do you know when it's time to tune your bagpipes? o•••KM•• Sayings that should be put on but- tons: • Well, this day was a total waste of make-up. • ! Make yourself at home. Clean my kitchen. • who are these kids and why are they calling me Mom? • Don't bother me. I'm living hap- pily ever after. • I started out with have most of it left. oI pay me. • If I throw a stick, will • Therapy is bubble wrap is cheap! • Practice random actS gence & senseless acts trol. • Bottomless • I like cats, too. Let's recipes. • Does, caboose? • Let me show • used to do it. • I'm not crazy, very bad mood for 30  • If only you'd use yourt good instead of evil... • See no evil, hear no evil. • A PBS mind inari • Allow me to introduce • Sarcasm is j we offer. • Whisper my favorite buy it for you." • Better living • I'm hying to personality. • It is time for mine? From the files of "RUSS METZ", This Is Your Medicare In Action... Sailor With Confessions? A story is going around about how it will be in this country when socialized medicine becomes law. It goes like this: A man needed medical attention so he went to the proper building. Upon entering the front door he was faced with a series of doors designated with the name of an ailment such as appendicitis, heart trouble, etc. He felt sure his trouble would be diagnosed as appendicitis so he entered that door. Next he found himself faced with two other doors, one marked male the other female. Entering the door marked male, he found himself in a corridor with two doors marked Protes- tant and Catholic. Entering the Protestant door, he found two other doors marked white and colored. He entered the white door and was then faced with two more doors marked Taxpayer and Non-Taxpayers. He still owned his home so he went through the door marked Taxpayer and found himself confronted with doors marked married or single. He has a wife at home so he went through the dooi" marked married. Once more there were two doors: Repub- lican and Democrat. He was a Republican so he entered that door and fell nine floors to the alley. -RM- As a scarred veteran of buying on the cuff, I am the first to admit that this is often the only way many of us can acquire anything of value. Only trouble is, it is a never ending thing. By the time you finish your last payment, whatever you bought is on its last legs and you are forced to start all over again. The next time a buddy taps you for a five spot; pull the time payment plan on him. He'll never ask you for another loan, if he has the sense of a louse. -RM- This so called Great Society, is that strange society under which wives as well as husbands must work to support their families to pay their taxes so that the Government can spend billions of dollars to support families that don't work at all. -RM- Forty years ago the editor of the Outlook came down with a severe case of sanctimony and penned these blessings: Blessed are the merchants who advertise because they believe in it and in their business; for their prosperity shall increase many fold. Blessed are the county correspondents who send in their well written items every week, for fame of their friendly neighborhood shall go abroad in the land. Blessed is the woman who sends in the written account of a party or wedding, for she shall see the details of the function and names of her guests correctly reported. Blessed are those who do not expect the editor to know everything, but who call him whenever an interesting event occurs to them, for they shall have a newsy paper in their town. Blessed are they who get their copy in early RUSS METZ for they shall occupy a warm place in the editor's heart. Blessed are those who cooperate with the editor in his efforts in behalf of the community, for their town shall be known far and wide as a good place in which to live. -RM- A fellow driving his truck along the highway near Millersburg noticed a small squirrel in the road in front of him. He swerved the truck to miss him and went on down the road. In a few minutes he heard loud squeaks coming from the front of his truck. He stopped, got out and looked his truck over. Couldn't see a thing, and then again he heard the commotion coming from the back of a headlight. He reached under the fender, got the squirrel by the tail and tossed him off the road. Apparently the tire had picked up the lir varmit and tossed him up behind the space behind the headlight. Didn'l much, but did sort of unnerve the thing a bit from i squawking he was doing. -RM- Ordinarily I can take all this advice to the grain of salt. But when Dear Abby comes up with with a guilty conscience, that is stretching old dad'S nation a way out yonder. This swabby supposedly had written Abby a letter! how he had left a fiance back in the States and shi for Japan with mind and heart as pure as snow. at sea and a couple of rice beers soaked through of righteousness and, like a few other sailors I have he went out on the town. He called it "sinning a But by this time, he had become an old salt loosing much sleep over the little Japanese joy ses:' then he discovered a horrible situation for a sailor, in his sleep. Not common every night mumbling ing but plain language type of sleep talking. So he had a problem. Should he confess all to bride, or let her get it by the late, late show? Abby told him not to build a snow fence until hits. And if it does, don't give out with a snow job. leaves this poor slob in the puddle he deserves advice from a columnist instead of an old chief of 25 If a sailor did dive in and ask for advice like this sh’ i have been honest with him by telling him to Campfire Girls as quickly as possible. Everyone knows that's why sailors have I: dressed hula girls tattooed on their chests. The shows his little wife is that luscious creature and flexing a few muscles, he can make her twist and the little bride can take this, anything else along, including talking in the sleep, is going to insignificant to mention the next morning. Onward, Upward