Mistakes of Law/Fact

Question 1

Mistakes of Fact

What do courts rely on to evaluate whether “mistake” was honest/reasonable?

Answer 1

1. Surrounding clues
2. Inferrences

Question 2

Mistakes of Fact

What is required for a mistake of fact defense to a general intent crime?

Answer 2

Requires an honest and reasonable mistake

Question 3

Mistakes of Fact

What is required for a mistake of fact defense to a specific intent crime?

Answer 3

Requires only and honest mistake

Question 4

Mistakes of Fact

Takeaway from Oglivie

Answer 4

Marine married multiple Mrs.: 1. Making false statement was specific intent crime –» honest mistake ok. 2 Bigamy was general intent crime –» mistake had to be honest and reasonable

Question 5

Mistake of Law

Why is mistake of law rarely a winning defense?

Answer 5

Just showing ignorance of the law or believing conduct is not criminal is not enough

Question 6

Mistake of Law

Takeaway from Marrero

Answer 6

Unlicensed carry: D thought he was allowed to carry gun without license because he was a penal office - found guilty

Question 7

Mistake of Law

Takeaway from Varszegi

Answer 7

Lease to take property: Court held that taking another’s property under bona fide right to claim is not larceny because D lacks felonious intent to steal