Mistakes

Question 1

Mistake of Fact

Answer 1

Specific Intent crime
SI negated by a good faith mistake
Mistake does not need to be reasonable
General Intent Crimes
GI negated by a good faith and reasonable mistake
MPC allows the defense for both reasonable and unreasonable mistakes.

Question 2

Mistake of Law

Answer 2

Common-law
Mistake of law is not a defense, but is under three exceptions
Reasonable reliance (entrapment by estoppel)
Government provides legal misinformation to the D
Fair notice
nature of the criminal statue prevents people from receiving fair notice about its existence
Failure of proof
b/c of mistake of law, D did not have the mens rea to be convicted of the crime charged
MPC–Ignorance or mistake as to a matter of fact or law is a defense if:
the ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or
the law provides that the state of mind established by such ignorance or mistake constitutes a defense.