Mistake of Fact and Law

Question 1

How does a mistake of fact help a defendant?

Answer 1

Mistake of fact can act as a defense to the mens rea requirement of an offense (defeats an element that the prosecutor must prove)

Question 2

What are the 3 views about when mistake of fact is allowable?

Answer 2

No defense ever (strict liability), a reasonable mistake can be a defense, an unreasonable but honest mistake can be a defense

Question 3

What is the majority approach to mistake of fact, and how does it work?

Answer 3

Strict liability as to mistake of fact…on the Moral Wrong Theory, a mistake as to an element that simply makes the conduct illegal should not be a defense (such as age in a rape statute) because the conduct is morally wrong in and of itself (still requires mens rea as to what makes the crime immoral)

Question 4

What is the Lesser Crime Approach to mistake of fact?

Answer 4

A reasonable mistake of fact should be a defense where, under the circumstances as he believed them to be, the actor would have been committing no crime at all; in contrast, if he intended to commit one crime but actually committed a greater crime under this mistake, no defense at all

Question 5

What level of mens rea does no mistake of fact read into a statute?

Answer 5

Strict liability

Question 6

What level of mens rea does a reasonable mistake of fact read into the statute?

Answer 6

Negligence (unreasonable = negligent)

Question 7

What level of mens rea does the approach allowing an honest but unreasonable mistake of fact read into a statute?

Answer 7

Purpose or knowledge

Question 8

What are the 3 types of mistake of law?

Answer 8

Misinterpreting a governing statute, ignorance of non-governing law, reliance on official advice that turns out to be incorrect

Question 9

What is mistake of governing law?

Answer 9

An individual’s personal misunderstanding of a statute is no defense (MPC in accord)

Question 10

What is the MPC’s approach to mistake?

Answer 10

Mistake as to fact or law is a defense if the mistake negatives the purpose, knowledge, recklessness, or negligence required to establish a material element of the offense (essentially, decide which mens rea is required for the element to which defendant is claiming a mistake, and see if, on the facts, the mistake prevents her from having the mens rea)