Oklahoma Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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Section 8.02 - Mistake of Fact (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
The difference is this: to act knowingly is to act with knowledge of what one is doing, that is, to act with the intent to do the act that is proscribed by the law. To act willfully requires that the defendant act with knowledge of what the law proscribes and to act in violation of the law, knowing that he is doing so.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
Mistakes of fact arise when a criminal defendant misunderstood some fact that negates an element of the crime. For instance, if an individual is charged with larceny but believed that the property he took was rightfully his, this misunderstanding negates any intent to deprive another of the property.
Mistake of fact is an affirmative defense. Rather than denying that you committed a crime, you argue that your actions are excusable because you were mistaken about an important fact relevant to the offense. This mistake makes it impossible for you to have had the required intent to commit a crime.
Mistake of fact, on the other hand, refers to a legal defense where someone who was accused of a crime shows that: They did not have the intent to commit an offense, and. This is factual because they misunderstood a particular fact.
Mistake of Law. (a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.