Mistakes of Fact

Question 1

CL anaylsis mistake of fact

Answer 1

(1) general, specific or strict?
(2) if specific does it relate?
(3) if general, moral blameworthy? reasonable…. or apply moral/legal wrong doctrines and interpret as strict liability

Question 2

CL moral wrong doctrine

Answer 2

even if reasonable, still blameworth

Question 3

CL legal wrong doctrine

Answer 3

if mistake was reasonable, but actual belief is still a crime, then strict liability applies to attendant circumstance element and may be convicted for more serious crime

Question 4

CL is mistake a defense to strict liability?

Answer 4

NO

Question 5

MPC when is mistake a defense?

Answer 5

if it negates the metal state required to establish any element of the offense.

Question 6

MPC when is a mistake not available?

Answer 6

if the actor would be guilty of another offense, had his mistake was as he believes.

Question 7

what kind of offense is permitted under mistake defense - CL and MPC?

Answer 7

MPC permits punishment of lesser offense
LRC in common law- D may be convicted for more serious crime

Question 8

CL is ignorance of law an excuse?

Answer 8

no

Question 9

CL Exceptions to CL maxim - ignorance of law

Answer 9

entrapment by estoppel- gov provides misinformation
fair notice issues like laws for omission

Question 10

MPC is ignorance of mistake a defense? when

Answer 10

if it negates mens rea material element
- other exceptions: reasonable reliance doctrine: persons belief that conduct was lawful and can be a defense if:
(1) relies on official but erroneous law
(2) statement is official and accessible
(3) reliance is reasonable