California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawHard
A client, a devout member of a small religious sect, believes that consuming certain sacred plants is a divine commandment. He is arrested for possession of these plants, which are illegal under state law. He argues that he genuinely believed his actions were lawful due to his religious convictions. Under common law, which defense is most likely to be applicable?
- AMistake of Fact
- BDuress
- CNecessity
- DMistake of Law
Show answer & explanationAnswer & explanation
Correct answer: D. Mistake of Law
The client's belief stems from a misunderstanding or ignorance of the legal status of the plants, even if motivated by religious conviction. This is a mistake of law. Generally, mistake of law is not a defense, unless it negates a specific intent element or the law was not reasonably available. In this scenario, it's unlikely to be a successful defense for a general intent crime like possession, but it is the correct categorization of the defense raised.
Why the other options are wrong
- A. Mistake of fact concerns a misunderstanding about the facts of the situation, not the legality of the act.
- B. Duress involves being forced to commit a crime under threat of immediate serious bodily harm or death.
- C. Necessity involves committing a crime to prevent a greater harm, often in an emergency situation.
Mistake of Law (Criminal)
A defense where the defendant asserts ignorance or a misunderstanding of the law relevant to the crime charged.
- Generally, 'ignorance of the law is no excuse.'
- Can be a defense if it negates a specific intent element of the crime.
- Can also be a defense if the law was not reasonably available or if the defendant reasonably relied on an official interpretation of the law.
Memory trick: Defend your deed, when justice you need.