Law Forum : Ignorance of the Law Does Not Excuse

sekou kasimu

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I understand but in order for us to overstand, knowledge(no limit)must be conceded. Therefore; sometimes common sense has to be accrued still and yet.
I guess you can say something like that. The reason why I jump into this thread is because I just did research and wrote a paper on this doctrine. It was my second option behind writing about prosecutorial discretion which is the power of prosecutors to pick and choose who, what, when, and where to prosecute, which I think causes the law to be enforced unevenly. I think that black people usually get the short end of the stick. Because I was told that I probably would not be able to meet the requirement with that subject, I chose to go deeper and wrote about this subject, the ignorance of the law doctrine, which I think is the foundation to prosecutorial discretion. I can get deeper into it, but I do have a passion for the law in certain aspects such as this. I think in order to understand the game we must learn the rules. I think the first step to fighting back against inequality and injustice is to learn the law, then use the law to later change the law.
So you do have "a passion for the law" like I thought! :) Passion, excitement, what's the difference? ;)
 

Destee

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It is pretty crazy that I stumbled upon this subject because I just finished writing a paper on this very subject. I am actually going to expand on this paper in the upcoming semester and will be doing more research. This is a major issue, especially in our community. Ignorantia juris non excusat, the latin and legal phrase of this doctrine, is deeply rooted in this nations legal history and courts stand by this more times than not. I know someone said that this is just a legal doctrine, but legal doctrines are the law (precedent/case law/common law). We have to teach ourselves the laws which impact our everyday lives.


Hello Again !!! :wave:

I love this topic (the law) and am glad you do too ... though i know little about it.

What are you studying, if you don't mind sharing? I mean ... what will your degree be in ... will you be a lawyer?

I think it's so kewl to be able to study the law ... do well with it ... make us proud !!! ... :teach:

Much Love and Peace.

:heart:

Destee
 

DDW

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Hello Again !!! :wave:

I love this topic (the law) and am glad you do too ... though i know little about it.

What are you studying, if you don't mind sharing? I mean ... what will your degree be in ... will you be a lawyer?

I think it's so kewl to be able to study the law ... do well with it ... make us proud !!! ... :teach:

Much Love and Peace.

:heart:

Destee
I will receive a J.D. in may (thanking God). This last semester, I will be preparing for the bar and networking. Yes I will be a lawyer, hoping to do civil work for most of the reasons we have talked about here.
 

Gracious

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I will receive a J.D. in may (thanking God). This last semester, I will be preparing for the bar and networking. Yes I will be a lawyer, hoping to do civil work for most of the reasons we have talked about here.
Congrats to you my brother! My prayers are with you too!
 

HODEE

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I will receive a J.D. in may (thanking God). This last semester, I will be preparing for the bar and networking. Yes I will be a lawyer, hoping to do civil work for most of the reasons we have talked about here.
God Speed and Good Luck DDW
I wish you the Best Brother.
 

HODEE

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I will receive a J.D. in may (thanking God). This last semester, I will be preparing for the bar and networking. Yes I will be a lawyer, hoping to do civil work for most of the reasons we have talked about here.
In order to help you through the process to work off some or most of the expenses your are now obligated to.
I hope this link and information helps you and anyone owing tuition they incurred while attending college.

======================================================

http://studentaid.ed.gov/repay-loans/forgiveness-cancellation/charts/public-service

If you work full-time in a public service job, you may qualify for Public Service Loan Forgiveness.

While use of this form and process is not required, if you want us to track your progress toward meeting the PSLF eligibility requirements, you should follow the steps below. If you do not periodically submit the form, you will still be required to submit a form for each employer that you want considered for PSLF at the time that you apply for forgiveness.
  • Step 1 — Complete, with your employer's certification, the Employment Certification form annually or whenever you change jobs.
 

HODEE

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Law is pretty vast. Most people aren't going to be interested in studying it all.
In addition to jurisprudence (theory and philosophy of law), there is the history.
I recommend studying a small, basic subset of it all, for one's protection and benefit with emphasis on contracts.

Law is an overloaded word meaning it has multiple definitions and contexts.
Law is will. Will of the political power holder.

The Bible, especially the Old Testament, is a good primer on law.
The word covenant is an older synonym for contract.
This being the case marriage is a covenant, agreement, or contract.
"This being the case marriage is a covenant, agreement, or contract."
So are many of the everyday conversations we have. If someone tells me they will pick me up and give me a ride to work, and they don't. If I loose my job. I can sue them for failure on their part. Under Negligence for not giving me a ride as agreed and contracted.

So all promises are contracts. All promises are contracts because they are relied upon. Verbal / and Implied contracts are enforceable.
Especially if they are in an email or something.

Be careful what you say you will do if that is relied upon by another.

Things that make you say hum... :Contract:
 

HODEE

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I will receive a J.D. in may (thanking God). This last semester, I will be preparing for the bar and networking. Yes I will be a lawyer, hoping to do civil work for most of the reasons we have talked about here.

Brother DDW

You are correct Ignorance of the Law Doctrine is the foundation within prosecutorial discretion.

http://www.cliffsnotes.com/more-subjects/criminal-justice/prosecutors/prosecutorial-discretion

I was looking at what you stated about prosecutorial discretion not possibly meeting the requirement. Prosecutorial Discretion is limited to three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining. This would not make much of a thesis.

I can see why it may not be as informational and more in-depth as Ignorance of the Law Doctrine.
=========================================

Ignorance and Mistake in Criminal Law

http://www.repository.law.indiana.edu/ilj/vol33/iss1/1/

Follow this link and download the pdf. I believe it may be helpful and contain some educational facts to aid in your writings. What was interesting to me was "mens rea" .

The concept of mens rea refers in law to the question of a mental act in a criminal case. According to the traditional principle, actus non facit reum nisi mens sit rea, which means that "an act does not make a man guilty unless the mind is guilty. In other words, without the existence of a guilty intention, a person should not be found guilty of committing some crime - accidental acts are not to be regarded as criminal.
=================================================

However considering the following could we all run stop signs and not be held accountable?

There are instances where we didn't see the writing on the ground or the stop sign itself.

Although this seems reasonable, there are problems with it. How, for example, are we to treat people who commit crimes out of negligence, for example failing to stop at a stop sign because they did not see it? They are often given a fine and held responsible for that negligence, which would seem to violate the above principle.
I read the first ten of forty-five pages and found it very informative. If the law was argued and applied as it was written and applied by Philosophers such as Aristotle. It would be more just.
 

JuneBugg

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I have some personal experience regarding how things go down............

A typical drug arrest the cops will threaten to come down hard on you if you don't confess and consent to a search and then lie and say they will be light on you if you do consent. Then they employ a rouse to get you admit guilt and open yourself to prosecutorial exploitation. Cops say, we are just talking tell me about your life, how you get into this, its just between us but anything you say that can be used against you will go into the police report.

Cops lie and exaggerate the amount of drugs they confiscated, if they found 1 pound, they say 6, if it was 5 they say 11, to take the felony to another level or at least lock you into a felony and the amount of weight goes into a formula to determine the bond and to increase the bond amount you can't afford. Often you see bonds set over $300,000. Some of the first questions cops ask, if you own your car and your home. If you are making payments, what are the balances? So, if they caught you in your car and find evidence connecting your home they say your property was used in conducting a criminal business and use local, state and federal forfeiture laws and seize your property. Often people can't afford a lawyer and railroaded without vigorous representation and lose everything based on lies, threats and exaggerations.

Cops arrest for profit, DA wants forfeitures for profit and convictions, jails want inmates. It is a twisted and sick conflict of interest based on profit motives at the expense of our rights and justice.

Cops are predators, preying on the public
 

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