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Debate Info

6
16
Yes No
Debate Score:22
Arguments:19
Total Votes:25
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Argument Ratio

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 Yes (5)
 
 No (11)

Debate Creator

CBN_2003(74) pic



Should Mistake Of Law/Ignorance Of The Law Be A Criminal Defense?

Yes

Side Score: 6
VS.

No

Side Score: 16
2 points

If lawyers (and even judges) can frequently disagree about how the law should be interpreted, then how can the average person be expected to know objectively what is or is not against the law?

If it can be reasonably argued in good faith that the defendant was unaware what they did was illegal, then it should certainly be a defence, because how can you punish someone for a rule they didn't know about? At the very least it should be considered mitigating circumstances and warrant a drastic reduction in sentence.

Side: Yes
excon(18261) Disputed
2 points

At the very least it should be considered mitigating circumstances and warrant a drastic reduction in sentence.

Hello:

It is - during sentencing. But it plays no import in determining guilt.

excon

Side: No
2 points

If lawyers (and even judges) can frequently disagree about how the law should be interpreted, then how can the average person be expected to know

Hello:

In our system, prior to the jury retiring to consider their verdict, the jury is INSTRUCTED by the judge HOW to interpret the law.

excon

Side: No
2 points

how can the average person be expected to know objectively what the law is

Hello:

If you're talking about the ordinary guy on the street, well.... He COULD read the law. Most people don't.. For example, when your bank sends you that long thing printed in teeny tiny letters on, what looks like a receipt. And, it asks you to check a box saying that you read it. So, you check the box, because you don't wanna be bothered with the bank, and who can read that damn thing anyway.. You know, THAT thing??

Well, some people read it, and THEY'RE the ones who know the law.. Most people don't.

excon

Side: No
2 points

In the United States it is an accepted legal standard that ignorance of the law is no defence.

If such a principle was allowed to creep into the legal system, (and in this weird world of wokes, it could) clever lawyers would claim ignorance on behalf of their clients to avoid the judicial processes being able to proceed in accordance with the fair implementation of justice.

Side: No
Another-Alt(237) Clarified
2 points

In the United States it is an accepted legal standard that ignorance of the law is no defence.

Thanks mate. I was aware of course, but I decided against arguing with our resident idiot because he never listens anyway.

lawyers would claim ignorance on behalf of their clients to avoid the judicial processes

No doubt, but exactly the same thing happens with existing methods of defence (for example, insanity) and so I can't see that it makes much difference. There will unequivocally be those who make disingenuous claims of ignorance, but in my opinion it should be the responsibility of the jury to differentiate those from the genuine.

I think the state ultimately has a responsibility to make sure people are aware of what the law is. If it is going to enforce certain rules on its citizens then it also has an obligation to make sure its citizens are aware of the rules which are being enforced.

Side: Yes
excon(18261) Clarified
0 points

Thanks mate. I was aware of course, but I decided against arguing with our resident idiot because he never listens anyway.

Hello hater:

No, no you weren't.. That's why you asked. And, why should I take your word for anything?? You're a motherfucking Jew hater and a lying bastard.

excon

Side: Yes
excon(18261) Disputed
0 points

I was aware of course.. I think the state ultimately has a responsibility to make sure people are aware of what the law is.

Hello hater:

DUDE!

What more can the state do besides PUBLISHING the laws in a BOOK, written in ENGLISH???

You're aware, huh?? You're AWARE??? If you were aware, I wouldn't have to educate you every time you post. You're the most UNAWARE motherfucker I've ever had the displeasure to debate with.

DUDE again!!!

excon

Side: Yes