Facts, Law, Exculpation, and Inculpation: Comments on Simons
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Orthodox criminal law doctrine treats mistakes of law and mistakes of fact differently for purposes of both exculpation and inculpation. Kenneth Simons’ paper in general defends this orthodoxy. I have earlier criticized the criminal law’s attempt to distinguish mistakes of law from mistakes of fact, and I continue to maintain, in opposition to Simons, that the distinction is problematic.
KeywordsOrthodox criminal law doctrine Crime Punishment Exculpation Inculpation
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