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.......... ........ ................ .......... e Bath County News-Ouflooki Owingsvflle,: 40360 Week of Februa 28 - March 7i 2002 ......
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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?
oKM
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
