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Question 0

What is mistake as a defense?

Answer 0

If a mistake negatives a mental state required as a material element of the crime, then it is a defense

Question 1

What is excuse?

Answer 1

When the deed is wrong, but the actor is excused because he was suffering from an abnormal condition that rendered him blameless

Question 2

If your conduct occurred very soon after a statute was enacted, and before it was generally available or publicized, can that be a defense?

Answer 2

Yes

Question 3

If a statue is later declared invalid, can that affect you?

Answer 3

No because you should be able to rely on the law

Question 4

Is it a defense to reasonably rely on the lower court decision?

Answer 4

Yes, but not if you knew the decision was on appeal

Question 5

Is it a defense to rely on an erroneous official statement of law?

Answer 5

Yes

Question 6

What does the MPC say about reliance being a defense?

Answer 6

If you reasonably rely on an interpretation of law provided by someone that is charged with the responsibility for interpreting, enforcing or ministering the law, that can be a defense

Question 7

Can it be a defense if you listened to your lawyer’s advice?

Answer 7

No, because that risks collusion and circumvention of the law

Question 8

Is ignorance of the law ever an excuse?

Answer 8

No

Question 9

If you don’t know there’s a statute that proscribes your conduct, can that be an excuse?

Answer 9

No, because ignorance of the law is never an excuse

Question 10

What are the three exceptions to ignorance of the law not being an excuse?

Answer 10

• statute’s language requires knowledge of the law, and D didn’t have it
• D’s mistake of law causes him to make a critical mistake about the facts in the definition of the crime
• reasonable reliance on an official interpretation of the law from the government

Question 11

What are the two major types of mistake?

Answer 11

• mistake of law

- mistake of fact

Question 12

Is mistake of law an excuse if it is made in good faith?

Answer 12

No

Question 13

What is mistake of fact?

Answer 13

You make a mistake about a fact found in the basic definition of the crime and it negatives the mental state for the crime

Question 14

Can mistake of fact be a defense?

Answer 14

Yes, only if it negates the mental state for the crime

Question 15

How does mistake of fact relate to specific intent crimes?

Answer 15

Any mistake of fact is a defense to specific intent crimes, because the defendant didn’t have the mental state required

Question 16

How does mistake of fact relate to general intent crimes?

Answer 16

Only reasonable mistakes are defenses. If a reasonable person with the same knowledge and in the same position as the defendant would’ve also made the same mistake, then it is a defense

Question 17

How does mistake of fact relate to malice or reckless crimes?

Answer 17

Mistake must be reasonable, otherwise they are guilty

Question 18

Is mistake of fact a defense to a strict liability crime?

Answer 18

No

Question 19

How does the MPC treat mistake of fact?

Answer 19

The jury decides if the defendant really made a mistake, and if so if he had the mental state necessary. Can be reasonable or unreasonable