Mistakes of Law and Fact Flashcards
What is a mistake of fact defense
The defendant may or may not have known something was wrong, but they honestly and reasonbly believed that some material fact of the crime was different than it was and if their belief had been true there would not have been a crime
The burden is on the acused to prove this
Aka “on the elements” defense
Ex. they honestly and reasonably believed she was above consenting age
Mistake of Fact
What is a mistake of law defense?
A defense that the criminal defendant misunderstood or was ignorant of the law as it existed at the time.
The burden is generally placed on individuals to be aware of the laws of their state or community, and thus this defense only applies in very limited circumstances.
So unexpected that no reasonable person could have known it was wrong
Mistake of Law
Regina v. Prince
British
When the legislature clearly intends to omit a mens rea requirement in a criminal statute, a defendant’s honest, mistaken belief as to the victim’s age is not a defense.
Mistake of Fact
Lesser-Crime Principal
If a defendant can be shown to have the appropriate mens rea for a lesser crime and the **higher one does not list any **mens rea then the intent can transfer into the defednant being guilty of the higher crime via the lesser one
Stated directly in Benniefield
Mistake of Fact
State v. Benniefield
Major topical rule
When a defendant is proven to know of a lower offense the prosecution can convict of a more serious offense without any proof they knew or should have known of that specific offense only for federal criminal statutes wholy silent on required mental state
Majority rule
Aka lesser crime principal
Mistake of Fact
Flores-Figueroa v. United States
When a statute identifies a required mens rea for some elements but it silent on whether the mens rea is required for aggravating circumstances the Benniefield system can but does not have to apply
Whether or not to apply it varies by state
Mistakes of fact
Dean v. United States
Upheld strict liability with respect to an aggrivating factor that upgraded a crime to a strict 10 year mandatory minimum
Mistake of Fact
People v. Lopez
The court refused to recognize a reasonable mistake of age defense to a charge of offering or furnishing marijuana to a minor because furnishing marijuana is criminal regardless of the age of the recipient and that furnishing marijuana to a minor simply yields a greater punishment than when the substance is furnished to an adult.
Mistake of fact- age defenses don’t work if the action is illegal anyway
Mistake of fact
When is strict liabiliy and the lesser-crime rule common?
Generally
- Drug crimes
- Sexual acts against minors
Mistakes of Fact
United States v. Collazzo
As long as a defendant knows that the thing possessed is a controlled substance, the maximum sentence and the mandatory minimum are governed by the nature and qualify of the drug regardless of whether the defend knew or even should have known those facts.
Majority view in federal courts
Knowledge the drug was illegal=liable for higher level versions of crime
Mistake of Fact
People v. Olsen
Reasonable mistake as to the victim’s age for consent to sexual acts is not a defense when the child is under 14 but can work for older children
Some states have this view (age diff.) but others use the Hernadez tes
Mistake of Fact
People v. Hernandez
Overruled established precedent in the state, and held that an accused’s good faith, reasonable belief that a victim was 18 years or more of age was a defense to a charge of statutory rape.
States are split between this approach and somethig like Olsen
Mistake of Fact
R. v. Williams
British
The reasonableness of the defendant’s belief is material to the question of whether the belief was held by the defendant at all and its unreasonableness, so far as guilt or innocence is concerned, is irrelevant.
Mistake of Fact
B (a Minor) v. Director of Public Prosecutions
It is a defense to a criminal offense that the defendant had an honest belief regarding an essential fact related to the criminal act.
This is an early case that established mistake of fact defenses
Mistake of Fact
State v. Holloway
Upheld a statute that does not allow a defense for reasonable mistake when the defendant is more than ten years older than the victim in sexual crimes
Mistake of Fact
