Mistake Flashcards
1
Q
Mistake- Types
A
- Two types
- mistake of fact
- mistake of law
2
Q
Mistake of Fact- Excusing
A
- Strict-Liability Offenses- mistake of fact never negates; there is no mens rea to negate.
- Specific Intent Offenses- mistake of fact will cause D to be found not guilty if the mistake negates the specific mens rea included in the statute.
-
General Intent Offenses- mistake of fact can have D to be found not guilty if:
- mistake is reasonable- not guilty
- mistake is NOT reasonable- guilty
3
Q
Moral Wrong/Legal Wrong Doctrine
A
- Moral Wrong Doctrine- (Common Law only) intent to commit an act that is immoral, furnishes requisite culpability for outcome- looks at mistake through actors eyes
- Legal Wrong Doctrine- no exculpation for crime X, despite reasonable mistake of fact, if D would still be guilty of lesser crime Y if the factual situation were as D supposed.
4
Q
Mistake Under the MPC
A
- Mistake will exculpate D if it negates mens rea specified in statute
- exception- mistake of fact isn’t defense when D would still be guilty of another, lesser offense had the facts been as he believed
- D can only be punished for the lesser offense
5
Q
Mistake of Law
A
- MPC and common law treat the same: Ignorance of the law is NOT a defense
- but, there are exceptions
6
Q
Mistake of Law Exceptions- Common Law & MPC
A
- **Reasonable Reliance(entrapment by estoppel)- **
- when D has relied on an official interpretation of the law by a person or organization with authority to interpret law
- must be reasonable
-
Knowledge Required in Statute-
- When statute, as one of its elements, includes a requirement that D be aware of some other law-
- if D’s mistake on other law, negates mens rea element of charged statute, then D must be acquitted
-
No Fair Notice-
- defense available if statute published and avail to citizen, but;
- prohibited conduct itself wouldn’t alert D of need to investigate whether there is a relevant statute.
- Lambert principal
