Mistakes

Question 1

mistake of fact

Answer 1

the ∆ misunderstood some fact that negates an element of the crime or lessens the criminality of the act

Question 2

mistake of law

Answer 2

∆ misunderstood meaning of the law by either thinking it didn’t apply to them or a key piece of it was misunderstood

Question 3

ignorance of law

Answer 3

∆ didn’t know the law existed at all

Question 4

is mistake of fact a defense?

Answer 4

sometimes. if honestly held, then the culpability may be impacted. it’s essentially a MR defense

Question 5

is mistake of law or ignorance of law a defense?

Answer 5

never. would encourage lawlessness. can defend by:
- proving something under MPC 2.03
- showing the law was obscure and it was a due process violation

Question 6

steps to determine the mens rea and mistake relationship

Answer 6

1. define the MR necessary to have a crime
2. does the mistake in question negate that?
3. what evidence do you have of the mistake?
4. does this mistake raise reasonable doubt?

Question 7

mistake of fact for purposely, knowingly, or reckless MR crimes

Answer 7

any honest mistake about the action in question is a mistake of fact excuse

Question 8

mistake of fact for negligent MR crimes

Answer 8

any honest and reasonable mistake about the action in question is a mistake of fact excuse

Question 9

mistake of fact regarding strict liability crimes

Answer 9

no excuses allowed

Question 10

what are affirmative defenses for mistake of law?

Answer 10

1. reasonable reliance on an official statement of law that was later changed or deemed invalid (ex: if all of a sudden it was illegal to file taxes)
2. publication of a law was inadequate (due process issue)

Question 11

malum prohibitum

Answer 11

the offense itself makes it wrong

Question 12

malum in se

Answer 12

an act is obviously wrong

Question 13

mistakes of fact resulting in a different crime than intended

Answer 13

the ct has to treat the crime as the crime intended

Question 14

willfullness

Answer 14

requires that:
1. government proves that law imposed a duty on ∆. and
2. ∆ knew of duty, and
3. ∆ voluntarily and intentionally violated that duty

Question 15

does willfulness require reasonableness?

Answer 15

no

Question 16

cheek v united states

Answer 16

F: ∆ didn’t think the law required him to pay taxes. original jury told honest and unreasonable belief doesn’t negate willfulness
Q: was this improper instruction?
A: yes
Why?: if knowledge of law is an element, ignorance of law is a defense. willfulness requires awareness of the law, not reasonableness

Question 17

moral wrong doctrine

Answer 17

even if actor’s mistake of fact was reasonable, intentionally doing an immoral act gives conviction

Question 18

legal wrong doctrine

Answer 18

∆’s conduct based on mistake of fact constitutes a crime

Question 19

people v navarro

Answer 19

F: ∆ took 4 wooden beams -> thought that he could. jury instruction was the good faith belief of abandoned property and objective reasonable
Q: whether conviction was proper
A: no
Why?: state failed to prove ∆ had specific intent to steal, even is ∆’s good faith belief was unreasonable

Question 20

people v marrero

Answer 20

F: ∆ was a prison guard and thought that the law allowed him to carry a gun (peace officer) -> mistake of law
Q: whether ∆ misunderstanding of statute can be a viable defense?
A: no
Why?: the defense wouldn’t apply because it can allow people to interpret laws to defense themselves