Ignorance occurs when the defendant does not know there is a law applying to his or her

Question:

• Ignorance occurs when the defendant does not know there is a law applying to his or her activity.

• Mistake occurs when the defendant knows there is a relevant law that applies to his or her conduct, but is not sure whether it applies in the circumstances at hand.

• In some circumstances, a person may be able to rely on an interpretation of the law that turns out later to be erroneous.

• If there was a lack of fair notice that the actions in question were criminal, a person may be able to successfully claim ignorance or mistake.

• Ignorance or mistake can—in very limited circumstances—excuse criminal liability if either manages to negate mens rea.

Questions:-

1. Provide one example each for ignorance and mistake.
2. Can ignorance serve as a criminal law defense? If so, when?
3. Can mistake serve as a criminal law defense? If so, when?

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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