Question

Can excuse one from criminal liability under the theory

of mistake.
O Mistake of fact
O Mistake of description.
O Mistake of identity
O Mistake of law

Answer 1

Mistake theory under criminal liability includes mistake of fact, mistake of description, and mistake of identity. Mistake of law is generally not a valid defense.

Step-by-step explanation:

Mistake Theory and Criminal Liability

Under the theory of mistake, there are several types of mistakes that can excuse one from criminal liability:

1. Mistake of fact: This occurs when a person commits a crime but genuinely believes the facts to be different than they actually are. For example, if someone takes an item mistakenly thinking it belongs to them.
2. Mistake of description: This refers to situations where someone knows they are doing something wrong but mistakenly believes it to be a lesser offense. For instance, if a person mistakenly believes they are purchasing a legal substance.
3. Mistake of identity: This occurs when a person commits a crime against someone they mistakenly believe to be a different person. An example would be a person mistakenly assaulting someone they believe is their attacker.

However, it's important to note that mistake of law is generally not a valid defense. Ignorance of the law is not an excuse for committing a crime, as individuals are expected to know and follow the law.

Learn more about Mistake theory and criminal liability