Difference between revisions of "Mistake of Law"
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In the United States, the general rule is that the fact that the defendant did not know his actions were prohibited by law or mistakenly believed they were not prohibited by law is not a defense to a crime. This is true regardless of whether the defendant's mistake was reasonable. | In the United States, the general rule is that the fact that the defendant did not know his actions were prohibited by law or mistakenly believed they were not prohibited by law is not a defense to a crime. This is true regardless of whether the defendant's mistake was reasonable. | ||
| + | |||
| + | == Defenses == | ||
| + | |||
| + | '''Table of Contents''' | ||
| + | |||
| + | ===Procedural Defenses=== | ||
| + | * [[Double jeopardy]] | ||
| + | *[[ Statutory Limitation]] | ||
| + | *[[ Lack of jurisdiction]] | ||
| + | * [[Entrapment]] | ||
| + | * [[Procedural defects]] | ||
| + | * [[Motion to suppress]] | ||
| + | *[[ Immunity and Public Authority]] | ||
| + | |||
| + | ===Normal Defenses=== | ||
| + | * [[Self-Defense]] | ||
| + | * [[Defense of others]] | ||
| + | * [[Defense of property]] | ||
| + | * [[Mental Incapacity]] | ||
| + | * [[Alibi]] | ||
| + | * [[Necessity]] | ||
| + | * [[Duress]] | ||
| + | * [[Physical Impossibility]] | ||
| + | * [[Mistake of Law]] | ||
| + | * [[Mistake of Fact]] | ||
| + | * [[Mistake of identity]] | ||
| + | * [[Consent]] | ||
| + | * [[Lack of intent]] | ||
| + | * [[Maltreated Women Syndrome]] | ||
| + | *[[ Intoxication]] | ||
| + | * [[Criminal act with Sincere Intent]] | ||
Revision as of 15:20, 31 May 2010
Under this defense, the defense lawyer must prove first that the accused can be found guilty of the alleged crime only if he deliberately broke the law, and second, that the accused did not know the law at the time of the offense.
In the United States, the general rule is that the fact that the defendant did not know his actions were prohibited by law or mistakenly believed they were not prohibited by law is not a defense to a crime. This is true regardless of whether the defendant's mistake was reasonable.
Defenses
Table of Contents
Procedural Defenses
- Double jeopardy
- Statutory Limitation
- Lack of jurisdiction
- Entrapment
- Procedural defects
- Motion to suppress
- Immunity and Public Authority
