Negating Mens Rea Flashcards
Mistakes of Law
Ignorance of the law is no excuse.
Three Potential Exceptions:
1) Reliance on High-Level Government Interpretations
2) Lack of Notice
3) Mistake of law that goes to an element go specific intent
*Mistake of law is not a correct answer except as a defense to FIAT crimes.
Mistakes of Fact
Determine whether the crime is a specific intent crime, a general intent crime, or a strict liability crime.
Strict Liability: Mistake of fact is NEVER a defense to strict liability crimes.
General Intent: Mistake of facts is a defense only if the mistake is REASONABLE and goes to the criminal intent.
Specific Intent: Mistakes of fact are a defense whether the mistake is REASONABLE OR UNREASONABLE. The only question is whether the defendant held the mistaken belief.
Insanity - Four Tests
1) M’Naghten: D either did not know the nature of the act or did not know that the act was wrong because of a mental disease or defect.
2) Irresistible Impulse: D has a mental disease or defect that prevents the D from controlling himself.
3) Durham Rule: D would not have committed the crime but for his having a mental disease or defect (rarely used).
4) Model Penal Code: Due to a mental disease or defect, the D did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law.
*The D has the burden or proving insanity by either preponderance of the evidence or clear and convincing evidence.
Involuntary Intoxication
Occurs when a person doesn’t realize that she received an intoxicating substance; is coerced into ingesting a substance, or; has an unexpected or unanticipated reaction to prescription medication.
Can be a valid defense to GENERAL INTENT, SPECIFIC INTENT, AND MALICE crimes when it negates the mens era necessary for the crime.
Voluntary Intoxication
Occurs when a person intentionally ingests the substance, knowing it is an intoxicant.
Is a defense only to SPECIFIC INTENT crimes, and only if it prevented the D from forming the mens rea.
NOT a valid defense if the D got drunk to commit the crime.
