Question

Should the common law maxim “Ignorance of the law is no excuse” apply to an immigrant who speaks little English and was not educated in the United States? How about for a tourist who does not speak English? Everyone knows criminal acts are prohibited, but what about subtler rules that differ across countries so may be misunderstood by foreigners?

Answer 1

IGNORANCE OF LAW AND IMMIGRANTS

The maxim "Ignorance of the law is no excuse" is a principle that is generally accepted in the United States legal system. It means that individuals are expected to be aware of the laws that apply to them, regardless of their level of education or language proficiency.

However, courts may consider the fact that an immigrant or tourist may not be fully familiar with the laws of the United States as a mitigating factor when determining the appropriate punishment for a criminal act. This is particularly true for subtler rules that may be misunderstood by foreigners.

There are also some protections in place for non-English speakers in the United States. For example, individuals who do not speak English are entitled to an interpreter during legal proceedings. This is to ensure that they are able to understand the charges against them and are able to present a defense.

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