Mistake of Fact Flashcards
When does mistake of fact matter?
A defendant’s mistake as to a matter of fact affects guilty only if it negates the required mental state. Most jurisdictions require that the mistake of fact is OBJECTIVELY REASONABLE to function as a defense.
Hypo 3.10: The Homicidal Clown
As part of a circus act, a clown is supposed to point a gun loaded with blanks at another clown and pull the trigger. One day, unbeknownst to the clown who pulled the trigger, the gun was loaded with real bullets. When he pulled the trigger, he shot and killed the other clown. Does this clown have a good defense to potential homicide charges?
It would be difficult to charge the clown with homicide charges. The required mental state would likely be knowledge and the clown had a mistake of fact.
Iowa v. Freeman:
Defendant sold two grams of cocaine that turned out to be Tylenol. He believed it was cocaine and was convicted of delivery of a simulated controlled substance. If the mens rea for the offense is knowingly delivering a simulated controlled substance, does his mistake of fact act as a defense?
No. Mistake of fact is a defense to a crime only where the mistake PRECLUDES THE EXISTENCE of the mental state necessary to commit the crime.
Since Freeman’s mistaken belief that the substance was cocaine was irrelevant to the law under which he was charged, mistake of fact is not a defense here.
