IGNORANCE OR MISTAKE model jury charge 2C:2-4 in NJ
IGNORANCE OR MISTAKE model jury charge2C:2-4)[1]
(N.J.S.A.
[Charge when N.J.S.A. 2C:2-4a is claimed]
In this case, defendant contends that he/she is not guilty of (offense charged) because he/she mistakenly believed that (describe mistake of fact or law). If you find that defendant held this belief,[2] then he/she could not have acted with the state of mind that the State is required to prove beyond a reasonable doubt.[3]
[IF OFFENSE CHARGED REQUIRES A PURPOSEFUL OR KNOWING
STATE OF MIND, CONTINUE CHARGE AS FOLLOWS]
If
you find that the State has failed to prove beyond a reasonable doubt
that defendant did not believe that (mistake of fact or law), then you
must find him/her not guilty of (offense charged). However, if you find
that the State has proven beyond a reasonable doubt that defendant did
not believe (mistake of fact or law), and you find that the State has
proven all of the elements of the offense beyond a reasonable doubt,
then you must find him/her guilty of (offense charged).
[OFFENSE CHARGED REQUIRES A RECKLESS STATE OF MIND,
CONTINUE CHARGE AS FOLLOWS]
If you find that the State has failed to prove beyond a reasonable
doubt that defendant did not believe that (mistake of fact or law), or
that he/she was reckless in forming that belief, as I have already defined that term for you, then you must find him/her
not guilty of (offense charged). However, if you find that the State
has proven beyond a reasonable doubt that defendant did not believe that
(mistake of fact or law), or that he/she acted recklessly in forming
that belief, and you find that the State has proven all of the elements
of the offense beyond a reasonable doubt, then you must find defendant
guilty of (offense charged).[4]
[IF DEFENDANT CLAIMS INCOMPLETE MISTAKE-OF-FACT
PURSUANT TO N.J.S.A. 2C:2-4b, CHARGE AS FOLLOWS]
In this case, defendant contends that he/she believed that (describe mistake of fact or law). If you find that defendant held this belief, then he/she would not be guilty of (offense charged). Instead, he/she would be guilty of (lesser offense),[5] the crime that he/she actually would have committed had the facts proven to be as he believed.[6] The elements of the (lesser offense) are ___________.
If you find that the State has failed to prove beyond a reasonable
doubt that defendant did not believe the (mistake of fact or law), then
you must find defendant guilty of (lesser offense). However, if you find
that the State has proven beyond a reasonable doubt that defendant did
not believe that (mistake of fact or law), and you find that the State
has proven all of the elements of the offense beyond a reasonable doubt,
then you must find defendant guilty of (charged offense).[7]
[IF DEFENDANT CLAIMS THAT HE/SHE BELIEVED THAT
HIS/HER CONDUCT DID NOT LEGALLY CONSTITUTE AN
OFFENSE PURSUANT TO N.J.S.A. 2C:2-4c, CHARGE AS FOLLOWS]
In this case, defendant contends that he/she believed that his/her conduct was not illegal because (describe mistake of law).[8] If you find that defendant held this belief under the circumstances I will discuss shortly, then you cannot find him/her
guilty of (offense charged), because under these circumstances
defendant could not have acted with the state of mind that the State is
required to prove beyond a reasonable doubt before he/she can be convicted of (offense charged).
In order for you to find that defendants belief that his/her
conduct was not illegal negates the state of mind required for (offense
charged), defendant must convince you by clear and convincing evidence
that (choose appropriate alternative):
(1) The statute defining the offense is not known to the actor and has
not been published or otherwise reasonably made available prior to the
conduct alleged;[9] or
(2) He/She
acted in reasonable reliance upon an official statement of the law,
afterward determined to be invalid or erroneous, contained in (a) a
statute, (b) judicial decision, opinion, judgment, or rule, (c) an
administrative order or grant of permission, or (d) an official
interpretation of the public officer or body charged by law with
responsibility for the interpretation, administration or enforcement of
the law defining the offense;[10] or
(3) He/She
otherwise diligently pursues all means available to ascertain the
meaning and application of the offense to his conduct and honestly and
in good faith concludes his conduct is not an offense in circumstances
in which a law-abiding and prudent person would also so conclude.[11]
Clear and convincing evidence is that which produces in your mind a
firm belief or conviction as to the truth of the facts sought to be
proven and is evidence so clear, direct, weighty and convincing as to
enable you to come to a clear belief, without hesitancy, of the truth of
the particular facts in issue.[12]
If you find that defendants belief that his/her conduct was not illegal, and he/she has convinced you by clear and convincing evidence that (applicable provision of subsection c), then you must find him/her
not guilty of (offense charged). However, if defendant has not
convinced you by clear and convincing evidence that (applicable
provision of subsection c), or if you find that the State has proven
beyond a reasonable doubt that defendant did not believe that his/her
conduct was not illegal, and if you find that the State has proven all
of the elements of the offense beyond a reasonable doubt, then you must
find defendant guilty of (offense charged).
[1] Although
the statute refers to mistake of fact or law as a defense, caselaw
makes it clear that it is not genuinely a defense at all: instead, it is
an attack on the prosecutions ability to prove the requisite mental
state for at least one objective element of the crime. State v. Sexton, 160 N.J. 93, 99-100 (1999). Since
it is obviously impossible for any single charge to explain precisely
how the offered defense plays into the element[s] of every possible
offense that mistake of fact or law could apply to (Sexton, 160 N.J. at 106), and at best can offer a more general charge on the subject of mistake of fact or law (State v. Pena, 178 N.J. 297, 319 (2004)), this model charge is organized by reference to the state of mind under N.J.S.A.
2C:2-2b contained in the offense charged by the State, and then by the
degree to which the mistake of fact or law exonerates or mitigates the
defendants guilt. As always, the
trial court must tailor the precise type of mistake that defendant
relies on to the facts of the particular crime or offense charged and
the facts adduced at trial. State v. Concepcion, 111 N.J. 373, 379-380 (1988).
[2] Since
even an unreasonable mistake can negate the required state of mind for
the charged offense, the statutory requirement that the defendant
reasonably arrived at the conclusion underlying the mistake was
eliminated and, therefore, is not referred to in this model charge. Sexton, 160 N.J. at 105; Pena, 178 N.J. at 306.
[4] In Sexton, 160 N.J.
at 106, the Court gives an example of how the jury should be instructed
on mistake of fact when reckless manslaughter is charged and the
defendant contends that he mistakenly believed that the weapon he fired
was not loaded.
[5] In Pena, 178 N.J.
at 313, the Court found a legislative intent to allow the imperfect
mistake-of-fact defense to a defendant who commits one crime while
believing himself to be committing another, non-lesser included,
offense.
[7] In Pena, 178 N.J.
at 319, the Court gives an example of how the jury should be instructed
when he/she is charged with possession of CDS, but contends that he
believed that he possessed stolen property other than CDS.
[8] In State v. Wikliff, 378 N.J. Super.
328, 335 (App. Div. 2005), the Court noted that the mistakes of law
ordinarily cognizable under subsection a. will be as to some external
body of law which may destroy the mens rea for the crime charged rather
than ignorance of the legal standard established by the statute.... The latter type of mistake is excusable only under the narrow exceptions spelled out in subsection c.
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| Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
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