Mistake & Ignorance

Question 1

Mistake in relation to Mens Rea

Answer 1

Mistake is the flip side of mens rea

• If you know the mental state the statute requires, you can answer the question of whether the D’s ignorance or mistaken belief is a defense

Question 2

Mistake:

Common Law

Answer 2

Common law jurisdictions:

• Relies on specific/general intent
• Distinguishes between mistakes of fact and mistakes of law

Question 3

Mistake: MPC

General/Specific

Fact/Law

Answer 3

MPC jurisdictions:

• Does not observe specific/general intent distinction
• If one is charged with a specific intent crime, an honest mistake that negates the specific intent required for commission of the offense is a complete defense
• If charged with a general intent crime, a mistake of fact that negates an element of the crime must be both honest and reasonable to excuse
• Does not distinguish between mistakes of fact and mistakes of law

Question 4

Common Law

MISTAKE OF FACT –

General v. Specific

Answer 4

• If Specific intent: D only has to show he HONESTLY believed it was otherwise
• If General intent: D has to show he HONESTLY believed it was otherwise and the belief was REASONABLE (Bell v. State)

(More of a case in chief defense than an affirmative defense)

Question 5

Common Law

MISTAKE OF FACT

Moral Wrong Doctrine

v.

Legal Wrong Doctrine

Situation: You have an affair with a married lady… Identify and apply the moral/legal wrong doctrines

Answer 5

• You have affair with married woman…
• Moral wrong: you voluntarily chose to do something wrong, not illegal though.

Many things are immoral, not illegal

• Legal wrong: she is only 16.

Doesn’t matter if you intended to do something morally wrong, only legally wrong. You didn’t mean to fuck a minor, just a woman.

Question 6

• MISTAKE OF FACT – Common Law

Moral Wrong Doctrine

v.

Legal Wrong Doctrine

Answer 6

Moral Wrong: Sometimes courts apply the “moral wrong” doctrine, where one can make a reasonable mistake and still be in bad character or demonstrate worthiness of punishment.

• The rule is generally that there is no exculpation for mistakes where, if the facts had been as the defendant believed them to be, his conduct would still be immoral

Legal Wrong: Even if the D can assert an objectively reasonable honest mistake of fact, he or she will not be excused if, had the facts been as the D believed them to be, he would still be guilty of some other crime

• Defendant possessed the mens rea for committing a lesser offense, but the actus reus was associated with a higher offense. Under this doctrine, the defendant is guilty of the higher offense in such circumstances.

Question 7

Mistake of Age

Answer 7

Can be used in some jurisdictions if the act involved would not have been a crime if the facts were as the D thought them to be (girl actually was 18 not 14)

Question 8

MISTAKE OF LAW

Ignorance…

Answer 8

• Under common law and MPC the general rule regarding mistakes of law is that ignorance of the law is no excuse

o Would be too strong of an affirmative defense

o Would encourage willful blindness

Question 9

Three Qualifications to the rule that mistake of law is not an avaliable defense:

Answer 9

1. Entrapment by Estopple
2. Ignorance of mistake that negates mens rea
3. Fair Notice and Due Process (Lambert Exception)

Question 10

Qualification #1:

Entrapment by Estoppel -

What is it that you rely on to obtain your mistaken knowledge?

Answer 10

Rely on an official interpretation of the law, an official statement

Question 11

Qualification #1

Entrapment by Estoppel:

Official Statement: For a statement of the law to be “official,” it must be contained in:

1. _ _
2. _ _

or

3._ _

Answer 11

1. Statute later declared to be invalid;
2. A judicial decision of the highest court in the jurisdiction, later determined to be erroneous; or
3. An official, but incorrect, interpretation of the law, from:

a public officer in charge of its interpretation, administration, or enforcement, such as the Attorney General of the state or, in the case of federal law, of the United States.

Question 12

Qualification to Mistake of Law #2:

Ignorance of Mistake that Negates the Mens Rea

What does it mean?

Is it a partial or complete defense?

Answer 12

If the knowledge that the prohibited conduct is unlawful is an element of a crime, one can argue that one’s lack of knowledge as to the unlawfulness of one’s conduct negates an essential element of the crime

• This type of mistake is a complete defense

Question 13

Qualification to Mistake of Law #3

Fair Notice & Due Process

CL v. MPC

Answer 13

Common Law: everyone is presumed to know the law

• Court makes exceptions though

MPC: fair notice applies where:

• 1. The defendant does not believe that his conduct is illegal, and
• 2. The statute defining the offense is not known to him; and was “not published or otherwise reasonably made available” to him before he violated the law.