Mens Rea Cont (Mistake, Insanity) Cases

Question 1

D convicted of felony count of conspiracy to defraud the US out of phony, tax preparation scheme, and sentenced to five years in prison. Did not receive notices from the elections administration that her voter registration was canceled so when she went to vote when she got out of prison and was charged with the legal voting.

Did she have to prove she had knowledge she was ineligible?

Answer 1

Yes. And she had no evidence to prove she had knowledge. It was a crime for her to vote..

Juries have to take all the evidence, including circumstantial evidence of her knowledge to discern if she knew

classic mistake case

Dissent:
Also said knowledge is required, but said that she did know she was ineligible

Crystal Mason v. State of Texas (2022)

Question 2

D indicted for acquiring a possessing food, stamps, and violation of statute.

Did he have to know he was unauthorized to use them?

Answer 2

Yes, which he didn’t know. Ignorance of law as a defense.

Interpreting the statute otherwise would criminalized abroad range of apparently innocent conduct; D-friendly

dissent: his conduct was intentional

can use ignorance of law defense for food stamp fraud

Lipatota v. United States

Question 3

Pilot who was indicted for 10 violations of failing to file federal income tax, and evading income tax tax

Is he guilty of willfully evading/filing taxes?

Answer 3

Yes. Claims that the provision of the tax code are unconstitutional do not arise from innocent mistakes from the complexity of the IRC, but your full knowledge of the provisions and a study conclusion that those provisions are invalid.

• He paid taxes for years, but after attending various seminars concluded that the income tax could not constitutionally require him to pay
• If he had said, he believes pilots are not people required to file income taxes, or believe that wages earned by pilots do not count as income then they could possibly go to a jury.

ignorance of law defense NOT GOOD

Check v. United States

Question 4

Mexican citizen, twice supported drank and blacked out, and when he regained consciousness, found himself in the US no documents to be there legally

Can he use intoxication as a defense?

Answer 4

Probably not because “found in the US” is strict liability

Separate voluntary acts vs. mens rea—no evidence of involuntary ness here

US v. Hernandez-Hernandez