ADMJ 103 Lecture Notes - Lecture 12: Homicide, Malum Prohibitum, Mens Rea
21 Aug 2020
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Analysis of common law factual mistake ***for final** If not, treat offense as general intent crime. If strict liability, mistake is never a defense. General law: ignorance of or mistake concerning the law excuses no one. Ignorance/mistake of law that negates mens rea: Reasonable or not, mistake is not a defense. Specific intent: maybe: different law mistake (reasonable or not) is a defense to specific intent offenses if it negates the specific intent. General intent: reasonable or not, mistake is not a defense. Fair notice (lambert principle): a person who is unaware of a duly enacted and published law may successfully assert a violation of due process if the ordinance. Imposed a duty based on status rather than activity and. Was malum prohibitum (an act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral. 2. 04(1)(a): a mistake of fact is a defense if it negates any required mens rea.
