Honestly Held But Unreasonable Beliefs
In some jurisdictions, the defense of mistake is available only if the mistaken belief was honest AND reasonable. This is predominantly in the area of specific intent crimes where the defendant has to "knowingly" commit the act (murder, arson, receipt of stolen goods, etc.).
In Australian federal law, it is not a requirement for the defense that a mistake was reasonably held. However, the fact that a belief is unreasonable may be relevant in determining whether the belief was actually held by the person (Criminal Code (Cth) s 9.1).
The leading Supreme Court of Canada case on the mistaken belief is R. v. Park, in which it was held that even unreasonable beliefs must be left to a jury to consider. The issue in most states is the extent to which the test of belief should be subjective or objective.
Read more about this topic: Mistake (criminal Law)
Famous quotes containing the words honestly, held, unreasonable and/or beliefs:
“Many a poor sore-eyed student that I have heard of would grow faster, both intellectually and physically, if, instead of sitting up so very late, he honestly slumbered a fool’s allowance.”
—Henry David Thoreau (1817–1862)
“Neighboring farmers and visitors at White Sulphur drove out occasionally to watch ‘those funny Scotchmen’ with amused superiority; when one member imported clubs from Scotland, they were held for three weeks by customs officials who could not believe that any game could be played with ‘such elongated blackjacks or implements of murder.’”
—For the State of West Virginia, U.S. public relief program (1935-1943)
“Much of what contrives to create critical moments in parenting stems from a fundamental misunderstanding as to what the child is capable of at any given age. If a parent misjudges a child’s limitations as well as his own abilities, the potential exists for unreasonable expectations, frustration, disappointment and an unrealistic belief that what the child really needs is to be punished.”
—Lawrence Balter (20th century)
“If we cannot find a way to interpret the utterances and other behaviour of a creature as revealing a set of beliefs largely consistent and true by our own standards, we have no reason to count that creature as rational, as having beliefs, or as saying anything.”
—Donald Davidson (b. 1917)