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Mistake Defense

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What are the two types of mistakes that can be used as a defense and what main category of defense do mistake defenses fall under?

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Solution Summary

This solution describes the two types of mistakes that can be used as a defense when an individual is accused of breaking the law. The solution also indicates which main category of defense the claim of mistake falls under. One reference is included in the solution.

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One possible criminal defense is to claim the accused simply made a mistake. A defense of mistake falls under the broad category of Excuse, which is one of the four general categories of criminal defense in the U.S. Excuses hold that the accused is not legally liable for his or her conduct and, consequently, shouldn't be accountable for the behavior or act. An excuse does not justify the behavior or act, which is still considered wrong. The excuse only suggests that the accused is not responsible for it.

There are actually two types of mistake defenses: Mistake of Law & ...

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