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To: Pilsner

> but if you reasonably thought you were authorized to do that act, you aren’t criminally responsible.

So in this case “color of right” is an absolute defense? If so, there must surely be a concomitant requirement to make good the “mistake”, otherwise what stops any/all burglars from claiming “color of right”?


44 posted on 12/22/2009 2:41:00 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter
there must surely be a concomitant requirement to make good the “mistake”, otherwise what stops any/all burglars from claiming “color of right”?

Absolutely. You are responsible for your actions, and have to pay civil damages. Mistake of fact just saves you from criminal liability, and, assuming that you were not reckless, from punitive civil damages.

Criminals defendants do sometimes claim mistake, but it is a "do or die" defense, because you have to admit that you committed the actual act. Unless you are telling the absolute truth, it will very rarely help to use a mistake defense.

51 posted on 12/22/2009 4:19:22 PM PST by Pilsner
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