Negating Mens Rea

Question 1

Mistakes of Law

Answer 1

Ignorance of the law is no excuse.

Question 2

3 exceptions to mistaking law

Answer 2

a. 1)Reliance on high-level government interpretation
b. 2)Lack of notice
c. 3)Mistake of law that goes to an element of specific intent (applies only to the “FIAT” crimes or specific-intent crimes)

Question 3

Mistake of Fact with strict liability

Answer 3

1. Mistake of fact is never a defense.

a. Must be a voluntary act

Question 4

Mistake of Fact with Specific intent

Answer 4

Mistakes of fact are a defense anytime the D actually held the mistaken belief, whether it was reasonable or unreasonable.

Question 5

Mistake of Fact with General intent

Answer 5

1. Mistake of fact is a defense only if mistake is reasonable & goes to the criminal intent.
   a. The transferred intent doctrine means that it is never a reasonable mistake of fact to say “I thought I was committing a crime against William, when I committed it against Edward.”

Question 6

M’Naghten Insanity Test

Answer 6

D either did not know the nature of the act or did not know that the act was wrong

Question 7

Irresistible impulse test

Answer 7

D has a mental disease defect that means the D cannot control himself

Question 8

Durham Rule

Answer 8

D would not have committed the crime but-for his having a mental disease or defect
a. Defendant-friendly standard; rarely used today

Question 9

MPC Insanity

Answer 9

i. Due to a mental disease or defect, the defendant did not have
ii. substantial capacity to appreciate the wrongfulness of his acts or to conform his conduct to the law

Question 10

4 types of insanity tests:

Answer 10

M’naghten, Durham Rule, Irresistible impulse, Model Penal code

Question 11

Involuntary intoxication

Answer 11

1. Doesn’t realize that received an intoxicating substance (e.g., “date rape” drugs);
2. Is forced or coerced into ingesting a substance; or
3. Has an unexpected or unanticipated reaction to a prescription medication.
4. Can be a valid defense to general intent, specific intent, and malice crimes when it negates the mens rea necessary for those crimes.

Question 12

Voluntary Intoxication

Answer 12

i. Voluntary intoxication is a defense only to specific intent crimes (FIAT crimes), and only if it prevented the defendant from forming the mens rea
ii. Not a valid defense if the defendant got drunk in order to commit the crime