Mistake of Fact Defense

Question # 40275
  • Writing
    9 months ago
    $5

    (1) You MUST answer the question below completely. (2) Two citations are required. Your response must include one external citation and one citation from the textbook. (3) Failure to answer each portion of the questions (below), include the citations, and other discussion posting requirements, will result in a reduction of points.

    A Minnesota law, Section 2(a)(1), states: “It is unlawful to take the personal property of another in public libraries within the state.” Section 2(a)(2), states that “It shall be a felony to enter into the car of another without permission.” 


    Now analyze the following hypothetical using the statute above.


    Bobbi, after a long day at the law school, leaves at 9 p.m. to get her car from the parking lot. She sees the blue Prius, opens the door and sits in the driver’s seat. She has a disorienting feeling – there is something hanging from the rearview mirror and it smells different. She looks over and sees unfamiliar books in the passenger seat. Within a minute, she sees that she is in someone else’s car. By this time, the owner of the car arrives and starts yelling at Bobbi, thinking she is about to steal the car. A police officer arrives and arrests Bobbi. Is Bobbi guilty of violating Section 2(a)(2)? What is any defense would Bobbi argue? If you are the State, do you drop the case? (Bobbi has a prior DUI and a juvenile adjudication for unlawful entry onto the property of another, a trespass.) 

    Reference 

    Friedland, S. I., Carpenter, C., Chavis, K. N., & Arcabascio, C. (2016). Criminal Law: A content and practice casebook. Durham, NC: Carolina Academic Press.

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