Ignorance of the Sausage

As the First District Court of the State of California has noted in a case certified for partial publication — the irony of this will soon become apparent —

It is commonly said that ignorance of the law is no excuse. (People v. Meneses (2008) 165 Cal.App.4th 1648, 1661 [82 Cal.Rptr.3d 100].)

It is also commonly said that sausage and legislation are two things you don’t want to see being made.

Although I doubt he had the protection of your sensibilities in mind, the Roman Emperor Caligula developed a unique plan to hide the law from the people who were, nevertheless, held accountable for it:

[G]reat grievances were experienced from the want of sufficient knowledge of the law. At length, on the urgent demands of the Roman people, he published the law, but it was written in a very small hand, and posted up in a corner, so that no one could make a copy of it. (Seutonius, “Gaius Caesar Caligula” from The Lives of the Twelve Caesars, XLI, p. 280.)

California courts have found a better way.

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Majority Rules (Not), Or How I Tried To Be A Prosecutor & Failed

The other day, I was sitting in a courtroom waiting for a case to be called.  I was stuck.  Having received a call from another attorney, a very good friend who could not make it to the courtroom, I agreed to make a courtesy appearance for her to ask for a continuance.

When I arrived, another case was in progress: an extradition hearing.  I’d never observed or been involved in an extradition hearing.  The person they were trying to extradite, through his lawyer, was making numerous objections to the evidence being admitted.  And, in particular, he was repeatedly objecting that the California Evidence Code — which he believed the court was ignoring — should apply in this extradition hearing.

That’s how it happened that I got myself into a little pickle.

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Yellow Journalism: The Minority Reports

In 1956, with freakishly-ironic prescience, Philip K. Dick wrote:

As they walked along the busy, yellow-lit tiers of offices, Anderton said: “You’re acquainted with the theory of precrime, of course.  I presume we can take that for granted.”

“I have the information publicly available,” Witwer replied. “With the aid of your precog mutants, you’ve boldly and successfully abolished the postcrime punitive system of jails and fines.  As we all realize, punishment was never much of a deterrent, and could scarcely have afforded comfort to a victim already dead.” (Philip K. Dick, The Minority Report (1956).)

The story continues:

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