NCJ Number
137737
Journal
American Journal of Criminal Law Volume: 19 Issue: 2 Dated: (Winter 1992) Pages: 279-312
Date Published
1992
Length
34 pages
Annotation
This article details the drafting of U.S. Supreme Court Justices' opinions in Lambert v. California (1957), notably the drafts of Justice William O. Douglas, who forged the majority opinion that held ignorance of the law to be a legitimate defense under specified circumstances.
Abstract
Virginia Lambert was convicted of a violation of a Los Angeles law that prohibited convicted felons from remaining in the city more than 5 days without registering with the chief of police. Although Ms. Lambert offered to prove that she was unaware of the law and had never been informed of the registration requirement, the judge instructed the jury that ignorance of the law was not a legitimate defense. The conviction was affirmed on appeal to the Appellate Department of the Superior Court for Los Angeles County. The U.S. Supreme Court, however, by a 5-4 majority opinion written by Justice Douglas, held that Ms. Lambert's due process rights were violated because she was not notified about a registration requirement that she could not be reasonably presumed to know existed. In this case, ignorance of the law was a legitimate defense. A review of related cases of United States v. Freed (1971), United States v. International Minerals and Chemical Corp. (1971), and Papachristou v. City of Jacksonville (1972) shows that ignorance of the law is only a legitimate defense when those regulated cannot be presumed to reasonably expect regulation. 98 footnotes