Study Notes- Criminal Defenses

Contrast regina v dudley and stephens o there is a

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Unformatted text preview: is not minor). Mistaking the age of a victim in a statutory rape crime is a legitimate mistake of fact. Some crimes may be so extreme (evidenced by a harsher punishment, for instance) that strict liability may be enforced, disallowing mistake of fact (e.g. lewd conduct with a very young girl). • mistake of law (mens rea): Mistake regarding the law or some legal concept is usually not a defense (Shatz, 193). There are some borderline situations, though: o If the crime contains an element requiring require proof of the defendant's knowledge of the law If a statute requires some unlikely knowledge the defendant is unlikely to know, especially with no action on the part of the defendant, that statute could violate due process requirements of notification Causation: Whether an action is a proximate cause of the result relies on sev...
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