3. Mistake Of Fact Defense

Front 1

Why is ignorance/Mistake of Fact a good defense?

Back 1

B/c it negates MR.

Front 2

Hypothetical to remember for Mistake of Fact?

Back 2

UMBRELLA Hypothetical

Front 3

One doctrine that serves as a limitation on MOF?

Back 3

lesser legal/moral wrong doctrine

Front 4

Garnett (Stat. Rape Case)'s MOF as to the age of victim is NOT a MOF Defense because....?

Back 4

because factual element was strict liability
(there was no mens rea to negate)

Front 5

Two Rationales to justify Garnett (that MOF is not a defense if the factual element was strict liability - Stat. Rape)?

Back 5

(1) Legislature made it Strict Liability to protect youth from exploitation by adults. Legislature is doing preemptive strike against this defense.

(2) Policy of protecting young outweighs policy against punishing people w/o blame.

Front 6

The three main limitations on MOF Defense?

Back 6

1) Reasonableness Requirement
2) Lesser Legal Wrong
3) Moral Wrong Limitation (almost non-existent in terms of its use)

Front 7

_____ Jxdns split MOF Defenses into Specific and General Intent Crimes.

Back 7

Some/Majority

Front 8

"Honest mistake of fact is a defense if it negates mens rea (whether reasonable or unreasonable)"?

Back 8

Specific Intent Crime

Front 9

What is a general intent crime in context of MOF?

Back 9

"The mistake must be REASONABLE ad D's conduct would have been lawful had the facts been as he believed them to be"

(If general intent crime with subjective mens rea b/c he made an honest mistake of fact - he will still go to jail if he is making an unreasonable mistake)

Front 10

Other Jxdns (not majority) find that MOF ________________________.

Back 10

Other jxdns – mistake of fact must always be reasonable (whether general or specific)

Front 11

Morgan Case:

- Honest mistake of fact as to consent will be a good defense even if _________ (consistent with ________ ________.)

- Example of a case going against the general rule in this country that __________________________________________________________________________________.

Back 11

Unreasonable

Faulkner; Barry

general rule in this country that.....requires the mistake to be reasonable in that instance.

Front 12

Honest and reasonable mistake requirement applied to general intent crimes with a subjective mens rea standard transforms crime to one of _________ if unreasonable.

(analogous to changing culpability level other than something that the statute requires)

Back 12

Negligence

Front 13

Rationale for this Limitation on MOF?
(that honest and reasonable mistake requirement is applied to general intent crimes with a subjective MR standard)

Back 13

Rationale for this Limitation:
(1) B/c too easy to allege
(2) B/c too difficult to disprove
(3) Uncertain jury able to discern D telling truth; lying as to having MOF

Front 14

How is Requirement:

"honest and reasonable mistake requirement is applied to general intent crimes with a subjective MR standard"

different from MPC?
(what does MPC say)?

Back 14

Different than MPC:

MPC says that since purpose or knowledge mens rea do not involve objective standards, D's mistake does not have to be subjectively reasonable.

Front 15

Mistake of fact may be no defense if facts as D believed them to be amount to-----------?

Back 15

a legal wrong

Front 16

Mistake of fact may be no defense if facts as D believed them to be amount to a legal wrong...

Example of this exception?

Back 16

Someone who stole a vase believed to be worth $50 when in reality it is worth $500 (still could be convicted of stealing a $500 vase)

- Some jxdns convict for less crime & some do not.

Front 17

Ignorance shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed

Back 17

MPC 2.402(2) - Mistake of Fact

Front 18

MOF is no defense to a ____ ___ element/crime.

Back 18

strict liability

Front 19

Exception to MOF: MOF must be ____ and reasonable.

Back 19

honest

Front 20

Honest and reasonable mistake requirement applied to crime with _____ mens rea standard.

Back 20

subjective

Front 21

A mistake of fact is no defense if DEF. would be guilty of another crime or immoral act under facts as DEF. believed them to be

“Under the facts as I believe them to be, I was committing some other crime or moral wrong.”

Back 21

Lesser Legal Wrong / Moral Wrong Limitation