Friday, September 14, 2012

People v Marrero case brief

People v Marrero

FACTS
D was arrested for unlicensed possession of a loaded pistol in a nightclub in violation of penal law §265.02, where there is an exemption for correctional officers. D protested that he was a federal corrections officer and therefore exempted.
      • Issue: May D’s personal misreading or misunderstanding of a statute excuse criminal conduct?
      • If ∆s argument was accepted the exception would swallow the rule, w/ the exception of people who never read the statute at all (and unreasonable people).
      • Rule: A good faith mistaken belief as to the meaning of a criminal statute is no defense to a violation of a statute.
      • Reasonable-Reliance Doctrine: For a statement to be “official” it must be contained in:
        • A statute later declared to be invalid
        • Judicial decision; later erroneous in the highest court in jurisdiction
        • Official, but erroneous, interpretation of law from public officer in charge
      • Dissent- takes issue w/ majority on two counts
        • (1) The Penal Code must be construed so that the man is precluded from offering a defense base on his mistake of law and
        • (2) Such construction is compelled by prevailing considerations of public policy and criminal jurisprudence
      • If a man is law abiding and wouldn’t have acted but for a mistaken assumption of law, there is no need to punish him.

No comments:

Post a Comment

Full Outline of The Mountain Is You by Brianna Wiest

  The Mountain Is You by Brianna Wiest The Mountain Is You by Brianna Wiest is a transformative self-help book that delves into self-sabo...