Question: In what circumstances will a mistake relieve a defendant of criminal liability?
Answer: In certain circumstances a mistake may operate as valid defense against criminal liability because, although the defendant has committed the actus reus of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite mens rea required to constitute the crime. However, in instances where mens rea is not a requirement for a crime, it does not matter if the mistake is honest or reasonable....(short extract)
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- Subject: Law
- Course: Criminal Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 71%
- Words: 2518
- Date submitted: January 08, 2010
- Date written: April, 2009
- References: No
- Document type: Essay*
- Essay ID: 2474
