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:
“When we consider what, to use the words of the catechism, is the chief end of man, and what are the true necessaries and means of life, it appears as if men had deliberately chosen the common mode of living because they preferred it to any other. Yet they honestly think there is no choice left. But alert and healthy natures remember that the sun rose clear. It is never too late to give up our prejudices.”
—Henry David Thoreau (1817–1862)
“So that this beautiful realm of hers was held in her mind extended, or lengthened: it had been finite, bounded, known utterly and in every detail, self-enclosed ... but now it lapped and rippled out and upwards beyond there into hinterlands that were like unknown possibilities in her own mind.”
—Doris Lessing (b. 1919)
“Even in ordinary speech we call a person unreasonable whose outlook is narrow, who is conscious of one thing only at a time, and who is consequently the prey of his own caprice, whilst we describe a person as reasonable whose outlook is comprehensive, who is capable of looking at more than one side of a question and of grasping a number of details as parts of a whole.”
—G. Dawes Hicks (1862–1941)
“Both Eliot and Pound condense; their best verse is weighted—Pound’s, with sensual experience primarily, and Eliot’s with beliefs. Where the mind’s life is concerned the senses produce images, and beliefs produce dramatic cries. The condensation is important.”
—R.P. Blackmur (1904–1965)