Other Defenses: Mistake of Fact/Law, Consent, Condonation, Entrapment Flashcards
What is the rule with regards “mistake or ignorance of FACT” as a defense?
How does the defense of “mistake of fact” play out with regards to the various mental states?
Mistake or ignorance of fact is ONLY relevant if it shows D lacked the requisite mental state to commit the crime
Strict Liability - not a defense
General Intent/Malice - only a defense if mistake was reasonable
Specific Intent - mistake need not be reasonable
What is the rule with regards “mistake or ignorance of LAW” as a defense?
In general –> mistake/ignorance of law is NOT a defense (even if belief was reasonable and based on advice of an attorney)
EXCEPTIONS:
- statute was NOT PUBLISHED or made reasonably available prior to conduct;
- there was REASONABLE RELIANCE on statute, judicial opinion, or official interpretation
NOTE –> mistake/ignorance of law may be a defense if it negates the requisite mental state
What is the rule with regards to “consent” as a defense?
In general —> consent is not a defense (unless crime requires lack of consent, for example - rape)
HOWEVER –> Consent IS a defense to minor assaults or batteries IF there is no danger of serious bodily injury if:
- consent was VOLUNTARILY AND FREELY GIVEN
- party was LEGALLY CAPABLE of consent; AND
- no FRAUD was involved in obtaining the consent
Is forgiveness by the victim a defense?
No
Is illegal conduct by the victim a defense?
No
What is the rule with regards to “Entrapment” as a defense?
- criminal design ORIGINATED with law enforcement;
- D was NOT PREDISPOSED to commit the crime prior to contact with law enforcement
NOTE –> merely providing the opportunity for a predisposed person to commit a crime is NOT entrapment.
NOTE –> a person cannot be entrapped by a private citizen
EXAM TIP –> on exam, person is usually pre-disposed to commit crime, and entrapment is usually wrong answer choice
