ADJUS-121 Lecture Notes - Lecture 7: Model Penal Code

• School: Diablo Valley College
• Department: Administration Of Justice
• Course: ADJUS-121
• Professor: Tiles

Document Summary

There are two exceptions to the doctrine that ignorance of the law is no excuse under traditional law, and three under the model penal code. Where the criminal statue requires by its very terms knowledge of the law. The defendant makes a mistake as to the law which results in the defendant"s making a mistake of fact as to a critical element of a crime. For example, if a home seller is ignorant of the fact that the ,000 chandelier passed by law to the home owner by law, and then he takes it from the house. He thought he owned the chandelier, and so it"s a mistake of fact. In such situations, the mistake of fact rules apply. Under the model penal code only, when a person reasonably relies on an official interpretation with respect to the law made by a public official charged with the responsibility for interpreting or enforcing the law.