Fischer claimed that complainant acted sexually aggressive during earlier sexual encounter that day. When they saw each other again, they had sex. He claimed he thought it was consensual based on previous interaction. She claimed it wasn’t. Can mistake of fact instruction go to jury? Holding: Court finds the argument compelling, but believes that precedent controls (Williams): mistake of fact not allowed as a defense in rape cases. Still based on negligence: reasonable person would have read this situation differently. Homicide Crime Actus Reus Mens Rea Circumstances Involuntary Unintentional Killing Typically, gross deviation from the care that a Manslaughter that occurs during a negligence or reasonable person would take. lawful OR unlawful act. recklessness. Sometimes, ordinary negligence (WA) Vehicular Unintentional Killing negligence or Gross deviation from the care that a Manslaughter that occurs while recklessness. reasonable person would take. operating a vehicle. Misdemeanor Unintentional Killing No MR as it pertains Misdemeanor must be proximate Manslaughter that occurs during the to the killing; state cause of death (compare Florida commission of an must prove the MR for church heart attack). inherently dangerous the misdemeanor. misdemeanor. Voluntary Intentional Killing that Knowing or (1) Adequate Provocation + Manslaughter occurs with adequate Purposeful (2) Resulting Heat of Passion provocation (in most jurisdictions) In MPC: (1) Adequate provocation + (2) Extreme Emotional Disturbance No Social Utility for Act, but partial justification/partial excuse In many jurisdictions, words alone are not enough. Provocation is not required to come from the victim—can be from party.
Fischer claimed that complainant acted sexually aggressive during earlier sexual encounter that day. When they saw each other again, they had sex. He claimed he thought it was consensual based on previous interaction. She claimed it wasn’t. Can mistake of fact instruction go to jury? Holding: Court finds the argument compelling, but believes that precedent controls (Williams): mistake of fact not allowed as a defense in rape cases. Still based on negligence: reasonable person would have read this situation differently. Homicide Crime Actus Reus Mens Rea Circumstances Involuntary Manslaughter Unintentional Killing that occurs during a lawful OR unlawful act. Typically, gross negligence or recklessness. Sometimes, ordinary negligence (WA) deviation from the care that a reasonable person would take. Vehicular Manslaughter Unintentional Killing that occurs while operating a vehicle. negligence or recklessness. Gross deviation from the care that a reasonable person would take. Misdemeanor Manslaughter Unintentional Killing that occurs during the commission of an inherently dangerous misdemeanor. No MR as it pertains to the killing; state must prove the MR for the misdemeanor. Misdemeanor must be proximate cause of death (compare Florida church heart attack). Voluntary Manslaughter Intentional Killing that occurs with adequate provocation Knowing or Purposeful (1) Adequate Provocation + (2) Resulting Heat of Passion (in most jurisdictions) In MPC: (1) Adequate provocation + (2) Extreme Emotional Disturbance No Social Utility for Act, but partial justification/partial excuse In many jurisdictions, words alone are not enough. Provocation is not required to come from the victim—can be from party.