Re:Order on Protecting Americans from Overcriminalization Th...
by ashtonkem on Tuesday January 19, 2021 @01:21PM
(#25836687)
Right, but the IRS themselves say that a genuine but misguided belief that what you’re doing is legal is a valid defense against the charge of tax evasion.
The result is that ignorance is a defense, at least for some types of laws.
If I somehow don't know that killing people is illegal and I intentionally shoot someone, the excuse that I didn't know it was illegal doesn't get me anywhere (even assuming the court believes me).
If, on the other hand, I didn't intend to kill someone, that does lessen the severity of the crime or even eliminate it if it was truly a freak accident where I couldn't reasonably have prevented it by exercising more caution.