Defense of Mistake or Ignorance in New Jersey

 

Defense of Mistake or Ignorance in New Jersey

We all make mistakes. Sometimes we do things without realizing they are against the law. Or we think we are following the law, but we get it wrong. When this happens in New Jersey, you may be able to use a defense of mistake or ignorance. This means arguing you should not be convicted of a crime because you did not realize you were breaking the law.

This defense can work for both factual mistakes and legal mistakes. Factual mistakes are when you get the facts of a situation wrong. For example, you thought the property you took belonged to a friend who said you could borrow it. But it turned out to belong to a stranger. Legal mistakes are when you misunderstand what the law is. For example, you thought it was okay to carry a certain knife, but it turns out that knife is illegal in New Jersey.

There are a few different mistake defenses in New Jersey law. The main ones are:

• Ignorance or mistake of fact
• Ignorance or mistake of law
• Intoxication
• Diminished capacity

This article will explain each of these defenses. It will also discuss how they apply to different crimes and situations. We’ll look at some real-life cases of people trying to use these defenses in New Jersey courts. Finally, we’ll talk about the pros and cons of mistake defenses – and when they are most likely to succeed or fail.

Ignorance or Mistake of Fact

This defense applies when you got the facts of a situation wrong. New Jersey law says you cannot be convicted of a criminal offense if you did not have the required mental state. This mental state includes knowledge of the facts that make your conduct illegal.

For example, say you take a bike from outside someone’s house, thinking it belongs to your friend who said you could borrow it. But it turns out the bike belongs to a stranger. Here, you made a mistake about a key fact – who owned the bike. Your mistake means you did not intentionally commit theft, because you thought you had permission to take the bike.

However, the defense only works if your mistake was honest and reasonable. The court will look at whether your belief was plausible under the circumstances. They will also consider how much investigation you did to verify the facts.

In State v. Sewell, the defendant honestly believed the credit cards he used were valid. But the court said he did not do enough to verify this – he should have called the bank. His mistake claim failed because it was not reasonable.

The mistake also has to relate to a key factual element of the crime. If you make an unreasonable mistake about an unimportant fact, you can still be convicted.

Overall, this defense gives people some protection for honest and understandable factual errors. But it requires acting reasonably under the circumstances. You cannot turn a blind eye to facts that would have corrected your mistake.

Ignorance or Mistake of Law

What if you misunderstand the law itself? Can you argue that you did not realize your conduct was illegal?

This defense is called “ignorance or mistake of law.” It argues that you did not have the mental state required for a crime because you did not know your actions violated the law.

For example, say you are from out of state and used to carrying a certain pocket knife. You did not realize this knife is illegal to possess in New Jersey. Or you thought it was okay to carry the knife if kept it in your backpack rather than your pocket. Here, your ignorance about New Jersey’s knife laws could provide a defense.

However, this defense faces an uphill battle. The general rule is “ignorance of the law is no excuse.” There is a strong public policy that people must follow criminal laws, even if they do not know about them.

New Jersey does allow the mistake of law defense in limited cases. But you have to prove your ignorance was reasonable under the circumstances. Usually this means showing:

• The law was not published or otherwise made available
• The law is very obscure or confusing
• You made a good faith effort to find out what the law was

In State v. Guice, a scrap metal dealer was acquitted for buying stolen copper wire. The law on buying scrap metal was unclear, obscure, and hard to find at the time. So the court found his mistake was reasonable.

But if the law is clear and accessible, this defense will likely fail. The court will say you should have found out about it and followed it.

There are some exceptions where not knowing the law is automatically a defense:

• If the law was so unclear no reasonable person could know what it prohibits
• If you reasonably relied on an official interpretation of the law, like advice from a police officer

Overall, ignorance of the law is not usually a strong defense in New Jersey. It only has a chance to work if you can show the law was essentially unknowable.

Intoxication

Voluntary intoxication is when you get drunk or high on purpose from alcohol or drugs. This is different from involuntary intoxication, like someone spiking your drink.

In New Jersey, voluntary intoxication can be a defense to crimes that require a “purposeful” or “knowing” mental state. This includes crimes like murder, assault, and robbery. The argument is that you were too impaired to form the intent required by these crimes.

For example, say you get drunk and get into a bar fight, seriously injuring someone. Here, your intoxication could negate the “purposeful” mental state required for aggravated assault. Instead, you may be convicted of reckless assault, which has a less serious mental state.

However, the intoxication defense does not work for crimes with a less serious mental state. These include reckless crimes, negligence crimes, and strict liability crimes. For those, it does not matter if you were drunk or high – you can still be convicted.

The intoxication defense also cannot fully excuse your actions. At best it can reduce the degree of your crime to a lesser offense. It may also reduce your sentence by mitigating your mental state. But voluntary intoxication is never a complete defense resulting in acquittal.

New Jersey courts are also skeptical of this defense. You need strong evidence that you were extremely impaired and unable to form any intent. The state can argue you should have known getting drunk or high could lead to criminal acts.

Overall, voluntary intoxication has limited power as a defense in New Jersey. It may reduce the degree of a crime but cannot fully excuse it. The state can also argue that your decision to get intoxicated makes you responsible for the results.

Diminished Capacity

Diminished capacity is a partial defense related to mental impairment. Unlike legal insanity, you do not have to prove you were unable to understand right from wrong. Instead, you just have to show mental issues made it hard for you to form the specific intent required for a crime.

For example, say you have an IQ of 65 and get frustrated easily. You get into an argument and impulsively shove someone, and they fall and hit their head. Here, your limited mental capacity could negate the intent required for aggravated assault. Instead, you may be convicted of reckless assault.

Like intoxication, this defense aims to reduce the degree of a crime, not completely excuse it. The argument is your mental state was impaired enough that you could not form the full criminal intent.

To claim diminished capacity in New Jersey, you need a mental defect or disease. This cannot just be a temporary emotional state like anger. It must be an ongoing condition reducing your mental abilities. Examples include intellectual disability, dementia, PTSD, or other disorders.

You also need an expert evaluation by a psychologist to confirm your diminished capacity. And the impairment must be significant, not just minor issues. Overall, this defense faces high standards but can help in cases of true mental incapacity.

When Are Mistake Defenses Most Likely to Succeed?

Mistake defenses have the best chance of success when:

• Your mistake was reasonable under the circumstances
• You made some effort to verify facts or check the law
• The crime requires proof of a “purposeful” or “knowing” mental state
• Your mistake negates the required mental state for the crime
• The mistake relates to a key element of the crime, not just minor details

Factual mistakes have a better chance than legal mistakes. Courts are skeptical when you claim you did not know the law. Intoxication has limited power as a defense. Diminished capacity requires proof of a significant mental defect.

These defenses are most likely to work for crimes with a high mental state, like murder. They can be used to reduce the crime to a lesser offense, but usually not get a full acquittal.

When Do Mistake Defenses Fail?

These defenses typically fail when:

• Your mistake was careless or unreasonable
• You failed to make any effort to verify facts or check laws
• Your mistake relates to minor details, not key elements of the crime
• The crime does not require proof of intent
• You relied solely on voluntary intoxication
• Your diminished capacity was minor and did not prevent intent

Courts expect people to act reasonably and check into important facts. Choosing to get drunk or ignoring laws you should know about will not excuse crimes. These defenses are also ineffective for lower-level crimes based on negligence or recklessness.

Overall, mistake defenses often fail because people are expected to verify facts and know the law. Unless your mistake was reasonable, it is unlikely to overcome criminal charges.

Pros and Cons of Mistake Defenses

There are good-faith arguments on both sides about whether mistake defenses should be widely allowed. Here are some pros and cons:

Pros:

• They promote justice by recognizing honest mistakes
• They encourage people to be careful and verify facts/laws
• They allow mitigation when mental issues cause impairment
• They offer some flexibility from rigid application of laws

Cons:

• They allow people to avoid consequences by claiming ignorance
• They undermine strict enforcement of laws
• They make it harder to convict for serious crimes like murder
• They could encourage false claims by guilty defendants

As with many legal issues, there are fair arguments on both sides. The challenge is balancing flexibility with accountability under the law.

Conclusion

When you make a mistake – about facts, laws, or your own mental state – you may be able to raise that as a defense in New Jersey. But your mistake must be reasonable and relate to a key element of the crime.