Typically, a Mistake of Law is applicable only if the criminal statute was not published or created reasonably obtainable prior to the act the accused reasonably relied on the contrary teaching of another statute or judicial selection or, in some jurisdictions, the accused reasonably relied on contrary official suggestions or a contrary official interpretation.
If the defendant is suffering from a mental illness that prevents handle of private conduct, he or she could be adjudged not guilty by explanation of insanity, even if he or she knows the difference among right and incorrect. It is plausible to consider, nevertheless, that criminal law’s functions contain preventing crime from occurring. Duarte d’Almeida, L., 2015, Enabling for Exceptions: A Theory of Defences and Defeasibility in Law, Oxford: Oxford University Press.
Conversely, civil laws relate to the resolution of legal controversies and involve money damages. Many laws are enforced by threat of criminal punishment … Read More