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Social Science · Studypool

criminal justice ch12

Overview

please respond to Katrina with 185 words

Mistakes of fact is where an individual misunderstands the facts in a situation and then that misunderstanding affects whether their actions are to be considered criminal. The Moral-Wrong Doctrine is sometimes used with the mistake of fact concept because if a person didn’t know that way they acted morally would be considered an illegal act, even if they didn't intend to break the law or know, they can still be charged. Simply because what they did went against basic moral principles. The Mistakes of Fact might technically excuse the behavior of the individual, but the doctrine can still hold that person accountable if the action was morally unacceptable. Certain crimes, especially those that carry significant social harm or risk, the law prioritizes the public moral standards over personal intent.

An example for this could be hunting on private property. Hunters have permission to hunt in certain areas but if someone had mistakenly believed they were on public land but didn't realize they accidentally crossed into private property. To be convicted of trespassing, there needs to be intent behind the actions, so the mistake of fact concept could be used as a defense, arguing that the hunter did not intend to trespass. The Moral Wrong Doctrine may override this defense because hunting on private land can endanger people or livestock that adds a level of harm. Society may often view entering and hunting on private property without permission as a violation of property and privacy rights.

In the video it discusses that people tend to be more forgiving when a person they know or closer to does something immoral compared to people they don't know. I think it goes down to how someone was raised in their community and how they were accustomed to morals growing up. I know people have certain feelings about this but in some cultures child marriage is considered moral and is fine. While others would and should consider it immoral and a serious crime. Personally I dont care how close i am to someone, if they marry a child, they are dead to me.