Crime and criminal defendants

Crime and criminal defendants

In many cases, criminal defendants have argued that their clients never intended to commit a crime, but instead, the crime was committed as a result of a mistake of facts. In criminal law, there are two types of errors. These include the mistakes of law and mistakes of facts. Mistakes of fact arise when a criminal offender misinterpreted some facts regarding the crime that disproves the element of the crime. In essence, a mistake of fact is when an unknown is presented in the case that proves that the defendant is innocent in regards to the crime committed. It is important to note that a mistake of fact must be honest and most reasonable—for example, a person accused of larceny. A mistake of fact can arise when the accused proves that the property belongs to him or her. Thus this negates the intent to steal from another person.

Mistakes of law refer to a crime committed without the knowledge of the existence of the law. This is why it is emphasized that people be aware of the laws and regulations of their country. This applies to limited circumstances. A mistake of law occurred when the law was not published if the defendant identified to a bill that later became obscure, and lastly if the defendant relied on a judicial law that was overturned. The chances of this happening are sporadic, and most people get prosecuted. It is important to note that this mistake also has to be honest and reasonable. For example, a person cannot argue that he or she did not know that committing murder is a crime. This is a known fact. A case of a mistake of law is when one identifies a particular traffic law that was overturned, but he or she had no idea. This can be deemed ‘not guilty’ in a court of law.