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:
|
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:
|
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:
|
© 2003 - 2024 National Paralegal College