ADM JUS 2 Lecture 13: ADM JUS 2 - Lecture 13

• School: ELAC
• Department: Administration of Justice
• Course: ADM JUS 2
• Professor: Johnson

Document Summary

Sometimes a court applying common law mistake doctrine will permit conviction of an actor whose mistake was reasonable if the defendant"s conduct was immoral. If immoral from accused"s eyes, then the defendant assumes the risk that his conduct is illegal also: case example: garnett: it is a crime that you should know that what you are doing is wrong. Sometimes a court will permit a conviction of someone with a reasonable mistake if the conduct was immoral: hypo: imagine a d is confronted by a tough looking man who appears to want to mug her. She pushes him away but later learns that the man was a police officer. The moral wrong doctrine would say that if she knows what she is doing is immoral or illegal; we will not allow a mistake defense. In this case, she saw a tough guy and pushed him away. It would seem as though she is acting in self- defense.