#17103 - Mistake Of Fact Mpc And Non Mpc - Criminal Law

Mistake of Fact

• MPC Framework

  • MPC (2.04)

  • (2.04)(1) Mistake of fact defense is allowed only if

    • The mistake of fact negates the MR of the element OR

    • Statute provides it as a defense

  • (2.04)(2) Mistake defense is not available if D would be guilty of a lesser crime (under facts as he believed), but D will be charged under a reduced grade of the offense that would have been under the facts as he believed

• Common law:

  • Regina v. Prince (British case that is still highly influential)

    • Based on moral wrong theory (below), D committed a moral wrong by taking underage girl without parents' consent, so mistake about her age does not matter (because it does not negate the moral wrong) and D does not get a mistake defense

    • If mistake was about the act that is morally wrong > mistake defense

    • The court decides what act is the key moral wrong and assesses whether D had prior notice about it being a moral wrong

  • (1) Moral Wrong Theory (Bramwell, majority in Prince)

    • If taken facts as D believed, D actions involved a moral wrong, a mistake defense is not available because D already on notice > SL for the mistake element

    • The court decides what act is the key moral wrong and assesses whether D had prior notice about it being a moral wrong

    • Justification

      • Signals to people not to do the broader bad/morally wrong act, if you do so a mistake won't save you

    • Problems: (defense argues)

      • Reasonable people differ on what is/is not a moral wrong - court's determination could differ from reasonable people

      • This approach allows too much judicial discretion

      • Notice concern - if reasonable people disagree about what is a moral wrong, D not have sufficient notice that the action is morally wrong

    • **Used in U.S., ex. in statutory rape cases

  • (2) Lesser Legal Wrong Theory (Brett, minority, more often used today)

    • If taken facts as D believed, D actions involved a legal wrong but because of a mistake D was charged with an aggravated offense, there is no mistake defense, because D already on notice

      • Ex. Drug selling in school zone (drug selling is itself legally wrong)

    • The two crimes (expected and actual) must be related, such as in the same crime category

      • Ex. Homicide and aggravate homicide

      • NOT stealing and endangering life (Cunningham)

    • Justifications:

      • If intended to commit a crime, should reasonably foresee worse consequences

      • Should be punished for the harm caused, not harm intended (Retributivist theory)

      • Deterrence effects - deter people from engaging in lesser crime

      • Incentivizes people to be more careful in committing the lesser crime and avoid committing the aggravated offense

    • Problems: (defense argues)

      • Punishment is disproportionate to conscious wrongdoing

      • Gives same punishment to people who intended to commit the aggravated crime and people who committed it by mistake

      • Culpability: D should not be culpability for a crime that was not product of consciousness, but of mistake

      • Notice concern - no notice that he could be charged with an aggravated offense

    • **commonly used today!

  • Arguments

    • Congress thought that the fact was a necessary thing for people to know, that's why in the statute!

    • If there is a lower penalty for a similar offense without the mistaken fact > shows that the fact is important in this offense and requires MR

    • The more there is a moral and legal wrong, the more you can use SL

• Mistake of Fact - Protecting Minors and Statutory Rape Cases

  • With minors, no mistake of age defense; gov only needs to prove minor's actual age

  • Statutory Rape is usually SL crime

  • People v. Olsen

    • D sexually harassed underage girl but thought she was old enough

    • Easy case because textual evidence that Congress did not intend the mistake defense (another provision allows probation for people who were mistaken in the age fact)

    • Also supports public policy of protecting minors

    • Statute is SL crime, no mistake defense

  • Garnett v. State

    • No mistake of age defense and statutory rape is a strict liability crime despite G's mental incompetency

    • Because of congress' interest and long tradition in protecting minors from sexual exploitation

  • Gov arguments for no mistake of age defense

    • Textual clues

    • Interest and long tradition of protecting minors and young people in general (whether over or under 14) from sexual exploitation by SL crime

    • Practically, it is easier for gov to prove guilt if no need to argue MR; otherwise would have to infer MR from facts

    • Don’t want to expose minors to traumatizing/invasive factual inquiries (ex. about how they look/acted/dressed) - undercuts policy of protecting them

    • If congress wants a MR term in a statutory rape case, they should be explicit in putting in the term (separation of powers)

  • Def arguments for mistake of age defense

    • Punishment too high for someone who was merely...