“Ignorance of the law is no excuse.”
Or as lawyers like to put it because they like to be fancy: “Ignorantia juris non excusat.” What that means is that not knowing the law won’t keep you from getting in trouble for breaking it.
Where did that idea come from?
Like most things in the US legal system, it came from England. And before that, ancient Rome.
How does this work in real life?
Basically, you aren’t going to be able to escape a criminal conviction or win a lawsuit by saying that you didn’t know what the law said. So, you are expected to either know or prepare to be held responsible for everything that the law says.
If I remember accurately, there are a lot of laws in the United States. How is that fair?
On the one hand, it really isn’t that fair. On the other, the state and federal governments are required to have copies of the law freely available. And every law that exists was written and approved by folks that we, the people, voted for.
What if I’m accused of a really obscure law?
Although not knowing the law won’t necessarily save you from a conviction, it is something that a prosecutor can use in choosing how to proceed in your case and that the court can take into account at sentencing. There are also circumstances where your lawyer can try to challenge the law itself. Just be aware that it’s really hard to overturn a law.
What can I do to keep from getting convicted of a law that I don’t know about?
Well, the best thing you can do is read as many criminal statutes as you can get your hands on. Otherwise, using a little common sense can go a long way. If something seems like a bad or dumb idea, there’s a pretty good chance that there’s a law against it.
