Well... mostly clearly. Clearly enough in the murder case, but there's certainly fuzzy cases. Still, there are an awful lot of crimes on the book that when you lack criminal intent, it doesn't actually make sense to prosecute from either a "rehabilitation" or "punishment" point of view, such as the ones in the article. What did society gain by any useful metric in the orchid case? In fact it lost a lot for no good reason.
Let's make a distinction between intent and awareness of the law. For example's sake, let's say you've been trading stock off a tip a company insider gave you, which is illegal. At the same time, you don't know it's illegal, but you are consciously trading the stock.
Intent -- You have the intent to trade the stock because you are doing it during the day, awake and fully aware of your actions. You would not have intent if you traded the stock while sleepwalking.
Awareness of the law -- You are not aware that your actions are a crime, despite having an intent to perform those actions. This makes no difference -- you are held accountable for your actions whether you knew they were illegal or not, as long as you were cognizant while you were taking those actions.
IANAL, so again, the language is probably all flubbed. But it's my understanding that intent matters, not awareness of the law. Can anyone correct me if I'm mistaken?
In the realm of political laws, ignorance absolutely excuses. Why should it be obvious that importing orchids requires certain paperwork?
I think we need a line between criminality and what i'll call "regulation" -- which, if intentionally ignored should become criminal, but otherwise there services should help people be law-abiding.
We used to say, "Ignorance is no excuse for the law." The situation now though, is that there are so many laws and regulations that it is impossible not to be ignorant. Not only do we not know the laws, but we don't know how to find out what the laws are. Small business owners are especially prone to mistakes considering there are corporate laws, civil laws, tax laws, employment laws...