Ignorance is considered a valid defense in many white collar crimes. If the perpetuator can reasonably demonstrate that she did not know something and that led to the alleged crime, in many cases that is considered to be an acceptable defense. However, in situations where it is reasonable to assume that the perpetuator "should have known," the information she claims not to have known, ignorance does not qualify as a viable defense.
This question can also be asked of executives of firms or leaders of countries whose actions lead to the failure of their respective organizations. If such actions emanate from ignorance, can they be held accountable for the outcomes? Does the test, they "should have known," apply in such situations? For example, can the CEO of a firm whose actions bankrupt the company be prosecuted for the crime? The end outcome of her actions may have robed many of their dreams, careers and life. Since this is akin to "crimes against humanity," as it affects a large number of people, or in many cases, a large percentage of the population in an area with cascading negative effects in the region, should such a crime be punishable at a higher level? Can such executives plead not guilty on the basis of ignorance?
In a famous case of a bankrupt energy company, the CEO claimed that he did not know "accounting" although he was a graduate of an illustrious business school and an equally famous strategy consulting firm. Since the "crime" was clear in this case, the "ignorance defense" failed because it was apparent that he "should have known." The bankruptcies and failures of many firms today affect as many people, if not more. Since there is no "apparent" crime, the society (and prosecutors) give these executives an easy pass. One could easily argue that the executives of failed companies should be held to the same standards if their actions explicitly resulted in the failure of their companies. Such crimes should be punishable at the highest level - as crimes against humanity.
In structuring such a system of effective disincentives to deter ignorance in the executive suites, it is important that the measurement is in the outcomes and not in the process. It has been said that nobody ever got fired by hiring a large and well known technology company for building their systems. It does not matter if the decision is a good one or even if the technology company delivers anything. If regulations are designed to measure nonperformance of executives against standard process metrics (as in the case of the widely admired but costly Sarbanes-Oxley legislation), this can easily backfire. As doctors tend to overdo tests to avoid getting sued, executives will simply follow standard templates (perhaps provided to them by consultants) to demonstrate that they did everything they could to avoid failure. If the measurement is the outcome itself - then only those who are willing and able to take such jobs will be there. Standard hiring and promotion practices - that generally elevate incompetence to executive suites - will disappear.
Similarly, if the actions of the leaders of countries or regions have resulted in the failure or nonperformance of the area, it should be considered a crime as well. This will increase the ability of policy-makers in general as this will deter those who are not adept at the job from applying for it. Since countries and regions do not have a market based price, it is more difficult to measure the net effect of the actions taken. However, it may be possible to construct a holistic set of metrics - such as per capita real GDP, growth rates, employment rates, inflation, health, education and other societal factors - and these should be set prior to the election process.
Ignorance is a crime for those who willingly take positions of power and thus assume accountability for the outcomes that affect a large number of people. They diminish the dreams and lives of many, if they are incompetent and ignorant. This is no less a crime than anything else.