When determining whether to file charges, why is it important to distinguish between a defendant who does not know there is a law applying to his or her activity versus a defendant who knows there is a relevant law, but is not sure whether it applies in the exact circumstances in question?

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Quizplus · Accepted Answer

It is important to distinguish between a defendant who does not know the law and one who is uncertain about its application because the former may have a valid defense of mistake of law, whereas the latter may not. Ignorance of the law is not a defense, but mistake of law can be.

When Determining Whether to File Charges, Why Is It Important