TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 7 P12

Gale Encyclopedia of American Law Volume 7 P12 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 98 MISTAKE OF LAW If a mistake of fact in a criminal case does not negate mens rea it may reduce it. For example if a person honestly and reasonably but mistakenly believes that deadly force is necessary to preserve her own life she may not be found guilty of murder if a death results from the deadly force. The mistake reduced the mens rea necessary to be convicted of murder. That is the person did not have the specific intent to kill without justification or excuse. She may be found guilty of manslaughter a homicide less serious than murder if her actions were unreasonable. She may even be found not guilty of any homicide if the judge or jury finds that she was not reckless or negligent in the killing. This is a question of fact to be determined by the judge or jury sitting on the case. in some criminal and civil cases no mens rea is required for liability. Such cases involve strict liability crimes. statutory rape is an example of a strict liability crime. it does not matter whether the defendant knew that the victim was too young to have sexual relations or whether the defendant intended to have sex with a minor. in such a case a mistake of fact is no defense. Strict liability crimes are generally those that endanger the public welfare such as toxic waste dumping and the sale of alcohol to minors. FURTHER READINGS Contracts. 1994. SMH Bar Review. Cox Archibald S. 1988. The Court and the Constitution. Boston MA Houghton Mifflin. Criminal Law and Procedure. 1994. SMH Bar Review. Hedges Andrew. 1999. Defendant Entitled to Mistake-of- Fact Instruction. Res Gestae 43 November . Kionka Edward J. 2005. Torts. Eagan MN West. O Neill Patricia A. 2001. Criminal Law Jury Instructions Mistake of Fact in Rape Cases. Massachusetts Law Review 86 fall . Available online at http www. for-attorneys publications massachusetts-law-review 2001 v87-n3 criminal-law-jury-instructions mistake website home page http accessed August 17 2009 . Porsdam Helle. .

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