C/L Mistake of fact & law

Question 1

mistake of fact

Answer 1

general intent: defense allowed to if reasonable mistake negates moral blameworthiness
Specific intent: only if it negates required mens rea

Question 2

People v. Navarro

Answer 2

D stole beams from construction site. Specific intent crime and D thought the beams were worthless and abandoned. Question of whether good faith mistake negated mens rea required

Question 3

mistake of law

Answer 3

ignorance or mistake of the law, only allowed if from official source

Question 4

When is ignorance of the law a defense?

Answer 4

1) Reasonable reliance (MPC codifies CL): A belief that conduct is lawful is a defense if:
a. D relies on an official but erroneous statement of law
b. Statement of law is found in statute, judicial decision, administrative order or grant of permission or an official interpretation by a public official (private attorney statement no good)
c. The reliance is otherwise reasonable
2) Fair notice: (rare)
a. Lambert: 1) omission, rather than act; 2)duty imposed by status; 3) malum prohibitum-type offense
3) Ignorance or Mistake Negates Mens Rea

Question 5

People v Marrero

Answer 5

Guard took gun to NY. Relying on personal understanding of law is not defense

Question 6

Cheek v. United States

Answer 6

Anti-tax guy failed to file income tax returns bc he genuinely thought taxes were unconstitutional. Mistake of law can disprove specific intent crime requirements