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Question 1
Bob lives by himself in a town where, because of zoning requirements, all of the houses are built identical to one another and are painted the same color. Bob has been on a business trip for the past week and he arrives home in the middle of the night. Exhausted and not paying attention, Bob accidentally pulls into the driveway of the house next door to his. Bob then tries to unlock the door of the house, which belongs to Bob's neighbor Frank, with his keys. Still not realizing that he is in front of the wrong house, Bob cannot understand why his keys do not work. Too tired to figure it out, he goes around to the back, breaks a window and enters the house through the window. Frank, who is asleep upstairs, hears the window shatter and calls the police. Bob is arrested and charged with burglary. If he tries to mount a mistake of fact defense, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Mistake of fact can protect a defendant from a guilty verdict if it shows that the defendant lacked the required intent to commit the crime. However, the mistake that the defendant made must be a reasonable one. In other words, in order to be able to use mistake of fact as a defense, the mistake that the defendant made must have been one that an ordinary person would have made as well. That being the case, if Bob's mistake was a reasonable one, his mistake of fact defense will be successful and he will be acquitted. Therefore, D is the correct answer.
Incorrect! Mistake of fact can protect a defendant from a guilty verdict if it shows that the defendant lacked the required intent to commit the crime. However, the mistake that the defendant made must be a reasonable one. In other words, in order to be able to use mistake of fact as a defense, the mistake that the defendant made must have been one that an ordinary person would have made as well. That being the case, if Bob's mistake was a reasonable one, his mistake of fact defense will be successful and he will be acquitted. Therefore, D is the correct answer.
Question 2
Bob is a reputed thief who lives by himself in a town where, because of zoning requirements, all of the houses are built identical to one another and are painted the same color. The police have been trying to catch Bob for years but they have never been able to catch him in the act. Bob and a friend of his plan to rob Bob's neighbor Frank. They set up a hideout about thirty miles away where they will meet before the robbery and where they will go afterward. On the night of the robbery, Bob and his friend meet at the hideout at midnight. They arrive in front of Frank's house at 1:00 A.M. but, because it is so dark and Bob is so high strung because of what they are about to do, Bob accidentally begins to make his way to his own house which is right next door to Frank's. Bob breaks the lock to his house and enters. Frank, who has been looking out his window, sees two figures breaking into Bob's house and, not knowing it is Bob, calls the police. Bob and his friend are charged with burglary. If Bob is tried in a jurisdiction that follows the Model Penal Code and he tried to raise a mistake of fact defense, he will probably be:
Correct The model penal code holds that if the defendant made a mistake of fact so that he did not commit a crime, but he would have been guilty of a crime had the facts been as he thought them to be, he can still be held guilty of the crime. Here, Bob's mistake led him to break into his own house, which is not a crime. However, had the facts been as Bob thought them to be, in other words had Bob broken into Frank's house, he would have committed a crime. That being the case, he can be convicted of burglary here, even though he did not technically commit one, and A is the correct answer.
Incorrect! The model penal code holds that if the defendant made a mistake of fact so that he did not commit a crime, but he would have been guilty of a crime had the facts been as he thought them to be, he can still be held guilty of the crime. Here, Bob's mistake led him to break into his own house, which is not a crime. However, had the facts been as Bob thought them to be, in other words had Bob broken into Frank's house, he would have committed a crime. That being the case, he can be convicted of burglary here, even though he did not technically commit one, and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
A recent state statute has made it illegal for any male over the age of eighteen to engage is sexual intercourse with a female under the age of eighteen. Justin, a 24-year-old bartender, has sex with Brittany, a sixteen-yea- old high school student. Justin is charged with violating the statute. During his trial, he testifies that he had no idea that Brittany was under eighteen and that he would not have slept with her had he known. In this case, Justin's mistake of fact defense will win him an acquittal:
Correct
Incorrect!
Correct Since mistake of fact is used to demonstrate that the defendant did not have the requisite intent to commit the crime he is charged with, the general rule is that mistake of fact is not available as a defense against strict liability crimes where no intent is required in the commission of the crime. Since statutory rape is a strict liability crime, Justin's mistake of fact defense will not protect him from a conviction and FALSE is the correct answer.
Incorrect! Since mistake of fact is used to demonstrate that the defendant did not have the requisite intent to commit the crime he is charged with, the general rule is that mistake of fact is not available as a defense against strict liability crimes where no intent is required in the commission of the crime. Since statutory rape is a strict liability crime, Justin's mistake of fact defense will not protect him from a conviction and FALSE is the correct answer.