Mistake of Law Flashcards
1
Q
When is Mistake of Law a defense?
A
Mistake of law will never be a defense except when:
1) The statute expressly states that knowledge of the illegality of conduct is an element of the offense; or
2) The individual acts in reasonable reliance upon an official - though erroneous - statement of the law from a court or public officer.
2
Q
How does the MPC treat mistake of law?
A
The MPC requires the defendant to prove that he or she reasonably relied on the official statement by a PREPONDERANCE OF THE EVIDENCE.
3
Q
Why is mistake of law only very rarely a viable defense?
A
Mistake of law is not a viable defense because we operate under the false assumption that everyone knows that law. If this was not the case then stupid people could get away with anything.
