Mistake (criminal Law) - Honestly Held But Unreasonable Beliefs

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)

    Master and Doctor are my titles;
    For ten years now, without repose,
    I’ve held my erudite recitals
    And led my pupils by the nose.
    Johann Wolfgang Von Goethe (1749–1832)

    Patience, to hear frivolous, impertinent, and unreasonable applications: with address enough to refuse, without offending; or, by your manner of granting, to double the obligation: dexterity enough to conceal a truth, without telling a lie: sagacity enough to read other people’s countenances: and serenity enough not to let them discover anything by yours; a seeming frankness, with a real reserve. These are the rudiments of a politician; the world must be your grammar.
    Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)

    Our inherent human charity and our religious beliefs will be taxed to the limit. No poor, rural, weak, or black person should ever have to bear the additional burden of being deprived of the opportunity of an education, a job, or simple justice.
    Jimmy Carter (James Earl Carter, Jr.)