Mistakes Flashcards

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1
Q

mistake of fact

A

the ∆ misunderstood some fact that negates an element of the crime or lessens the criminality of the act

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2
Q

mistake of law

A

∆ misunderstood meaning of the law by either thinking it didn’t apply to them or a key piece of it was misunderstood

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3
Q

ignorance of law

A

∆ didn’t know the law existed at all

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4
Q

is mistake of fact a defense?

A

sometimes. if honestly held, then the culpability may be impacted. it’s essentially a MR defense

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5
Q

is mistake of law or ignorance of law a defense?

A

never. would encourage lawlessness. can defend by:
- proving something under MPC 2.03
- showing the law was obscure and it was a due process violation

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6
Q

steps to determine the mens rea and mistake relationship

A
  1. define the MR necessary to have a crime
  2. does the mistake in question negate that?
  3. what evidence do you have of the mistake?
  4. does this mistake raise reasonable doubt?
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7
Q

mistake of fact for purposely, knowingly, or reckless MR crimes

A

any honest mistake about the action in question is a mistake of fact excuse

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8
Q

mistake of fact for negligent MR crimes

A

any honest and reasonable mistake about the action in question is a mistake of fact excuse

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9
Q

mistake of fact regarding strict liability crimes

A

no excuses allowed

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10
Q

what are affirmative defenses for mistake of law?

A
  1. reasonable reliance on an official statement of law that was later changed or deemed invalid (ex: if all of a sudden it was illegal to file taxes)
  2. publication of a law was inadequate (due process issue)
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11
Q

malum prohibitum

A

the offense itself makes it wrong

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12
Q

malum in se

A

an act is obviously wrong

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13
Q

mistakes of fact resulting in a different crime than intended

A

the ct has to treat the crime as the crime intended

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14
Q

willfullness

A

requires that:
1. government proves that law imposed a duty on ∆. and
2. ∆ knew of duty, and
3. ∆ voluntarily and intentionally violated that duty

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15
Q

does willfulness require reasonableness?

A

no

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16
Q

cheek v united states

A

F: ∆ didn’t think the law required him to pay taxes. original jury told honest and unreasonable belief doesn’t negate willfulness
Q: was this improper instruction?
A: yes
Why?: if knowledge of law is an element, ignorance of law is a defense. willfulness requires awareness of the law, not reasonableness

17
Q

moral wrong doctrine

A

even if actor’s mistake of fact was reasonable, intentionally doing an immoral act gives conviction

18
Q

legal wrong doctrine

A

∆’s conduct based on mistake of fact constitutes a crime

19
Q

people v navarro

A

F: ∆ took 4 wooden beams -> thought that he could. jury instruction was the good faith belief of abandoned property and objective reasonable
Q: whether conviction was proper
A: no
Why?: state failed to prove ∆ had specific intent to steal, even is ∆’s good faith belief was unreasonable

20
Q

people v marrero

A

F: ∆ was a prison guard and thought that the law allowed him to carry a gun (peace officer) -> mistake of law
Q: whether ∆ misunderstanding of statute can be a viable defense?
A: no
Why?: the defense wouldn’t apply because it can allow people to interpret laws to defense themselves