Mistake

Question 1

What do the court says about conditional intent (i.e. what if a carjacker says give me your car or else I will kill you)

Answer 1

• No such thing as conditional intent. Law treats the condition given as intent. If evidence establishes the Defendant had intent to do something but it was condictional, then the defendant must have the right to create the condition to use it as a defense. Conditional intent does not defeat intent if the condition is invalid

Question 2

What does MPC say about mistake of fact

Answer 2

if mistake nullifies any element then you are left with whatever is left. Technically not a defense, but it has the effect of a defense b/c if it happens, then D is not guilty

Question 3

What does CL say about mistake of fact

Answer 3

Mistake is like an eraser. It knocks out the MR pillar by erasing the intent. If it is an honest/good faith mistake it erases the specific intent

Question 4

What are the standards necessary for mistakes to work?

Answer 4

If honest but not reasonable it erases specific intent

If honest and reasonable it erases general intent

Question 5

How does MPC treat mistake of fact

Answer 5

If there is a valid mistake it erases that particular element of the crime and you left with what is left

Question 6

What do you do with mistake of fact under MPC

Answer 6

Under MPC, start with purpose. If you erase that go to knowledge, then recklessness, then negligence, then nothing. You must erase each culpability requirement to get “not guilty”