Mistake of Fact Self-Quiz

 

 

 

 

 

 

 

 

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:
Choice 1 Convicted, because he intended to break into the house
Choice 2 Convicted, because the house was not his
Choice 3 Acquitted, because Bob did not know that he was breaking into someone else’s house
Choice 4 Acquitted, if Bob’s mistake was reasonable
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:
Choice 1 Convicted because, had things been as Bob thought they were, he would have committed a burglary
Choice 2 Convicted, because he intended to rob Frank’s house
Choice 3 Acquitted, because you cannot be charged with robbing your own house
Choice 4 Acquitted, because Bob’s mistake was reasonable
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 twenty-four year old bartender, has sex with Brittany, a sixteen year 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:
True
False

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