OnlineNursingOwl
← All nursing posts

Social Science · Studypool

criminal Justice

Overview

Please respond to Kamala with 185. words

When it comes to trying to find a California Penal code that I had no idea was illegal was actually somewhat difficult to do. But after reading through some and trying to find a law I truly had no clue existed or was illegal is CA Penal Code 396. This penal code deals with price gouging items during states of emergencies or crisis. It states that a private contractor or business can't raise the price of an item more than 10% during a state of emergency. This penal code is meant to protect consumers and their ability to buy items they need to survive in time of crisis and make sure consumers cannot be exploited. I believe that if someone breaks this penal code and isn't held accountable It most defiantly not be fair even if they claim they didn't know it was illegal because doing it is immoral and wrong because they be taking advantage of people in crisis.

Discussing where my opinion lies and whether or not it related to ignorance or the mistake of law is complicated. It relates to ignorance because in most cases where this law would be applied the party involved likely didn't know it was illegal. But I believe that even if they did not know that their action were against the law they knew their act was immoral so cannot be excused from the crime. The are only a few ways in which ignorance or Mistake can negate mens rea. For ignorance if the person meanly didn't know of the law and the law was in an otherwise difficult poison for locate the person could not be liable or their actions. On the other hand for mistake it is somewhat similar that their are only specific offense in wish it can apply says that a person who genuinely made a mistake in the action of a crime in which they thought was not wrong to do negated mens rea and they are not liable for their actions.

Finally when it comes to if I was the victim and what I would think if the person who victimized me didn't know is something that requires imagination. If I was the victim of someone breaking the penal code I listed I wouldn't care of they didn't know it was illegal. I wouldn't care if they didn't know because regardless of if they knew or not the act of price gouging is immoral, especially in times of crisis. I do believe that the seriousness of the crime in question does matter because of its a minor crime that they didn't know it was illegal it might be ok if it caused no harm to another person. But if its a much more serous crime which did involve the harm of others it shouldn't matter if the person knew or didn't know they should be held accountable.