Another illustration of the third purpose above mentioned, that is, to
enable the judges to determine the exact punishment to administer, is
this: The ancient Nazarites made solemn vows of abstemiousness.[160] And
when any Israelite took the Nazarite vow and violated it, he subjected
himself to the penalty of flagellation if he drank a certain measure (¼
log) of wine. If he drank several such measures in succession, the
question would arise how he was to be punished. Again, the antecedent
caution would decide. If the testimony showed that he had received due
warning before each drink, then he was punished for each drink
separately. If he had been admonished only once, he was punished only
once for the whole debauch.[161]
The enforcement of this proviso established a rule of criminal procedure
peculiar to the Hebrews, and recognized by no other nation. Such a
requirement seems to be utterly subversive of the celebrated maxim that
has found place in every other enlightened system of law: _Ignorantia
juris, quod quisque tenetur scire, neminem excusat_. Among modern
civilized nations, ignorance or mistake of fact in criminal law, as
well as ignorance or mistake of the meaning and effect of civil or
private law, has sometimes been permitted to operate as an excuse in
favor of the victim of the ignorance or mistake; but ignorance of the
criminal or public law has never been permitted to be pleaded as a
defense to an indictment for crime. Such a plea would threaten the very
existence of the state by rendering the proof of crime and the
conviction of criminals impossible.
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