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Dead Constitution
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Title: Prosecution Explains Jury Tampering Charge
Source: NYT Metro
URL Source: [None]
Published: Dec 1, 2011
Author: BENJAMIN WEISER
Post Date: 2011-12-01 13:57:44 by ghostdogtxn
Keywords: None
Views: 279
Comments: 22

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Begin Trace Mode for Comment # 11.

#10. To: ghostdogtxn (#0) (Edited)

“No legal system could long survive,” they added, “if it gave every individual the option of disregarding with impunity any law which by his personal standard was judged morally untenable.”

"...It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt, you will pay that respect, which is due to the opinion of the court: For, as on the one hand, it is presumed, that juries are the best judges of facts; it is, on the other hand, presumbable, that the court are the best judges of the law. But still both objects are lawfully, within your power of decision..." State of Georgia v. Brailsford, 1794

I have often wondered why it is presumed that everyone knows the law and therefore ignorance of the law(s) is no excuse for breaking it/them, but at the same time, if you are ever chosen for jury duty you suddenly become an imbecile who needs some lawyer in the cult of the black robe to explain the law to you. Strange that.

James Deffenbach  posted on  2011-12-02   9:42:47 ET  Reply   Untrace   Trace   Private Reply  

I have often wondered why it is presumed that everyone knows the law and therefore ignorance of the law(s) is no excuse for breaking it/them

The proper statement is: Ignorance of the law is no excuse upon proper notice.

In Lambert v. California the Supreme Court of California declared unconstitutional a Los Angeles statute that required all convicted felons to register with the police department within five days of arrival in the city. The Supreme Court held that the lack of either notice or a showing of probability of knowledge of the statute violated due process.

noone222  posted on  2011-12-02   11:16:19 ET  Reply   Untrace   Trace   Private Reply  

#14. To: noone222, james deffenbach (#11)

wow, I find it very intersting that those last 3 word "upon proper notice" are never known when this phrase is mentioned in the public lexicon. Thanks for the info!

Artisan  posted on  2011-12-02 12:49:30 ET  Reply   Untrace   Trace   Private Reply  

The proper statement is: Ignorance of the law is no excuse upon proper notice.

I've never heard it stated that way. The only way I have ever heard it was that "ignorance of the law is no excuse."

James Deffenbach  posted on  2011-12-02 16:47:41 ET  Reply   Untrace   Trace   Private Reply  

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