JURIST
APRIL 29, 2021
.” It identifies numerous historical issues that stem from the intersection of criminal prosecutions and civil rights cases and pinpoints the legal standard for wilful intent as “confusing and onerous” in these cases.
JURIST
JUNE 12, 2021
Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA. The Supreme Court reversed that judgment and remanded the case.
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JURIST
OCTOBER 30, 2022
Law students and law graduates in Pakistan are reporting for JURIST on events in that country impacting its legal system. Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed.
FDA Law Blog
NOVEMBER 6, 2022
The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer’s Petition to SCOTUS.
The Crime Report
JANUARY 6, 2022
“When police rammed the door of Breonna Taylor’s home and shot her six times in a hail of thirty-two bullets, they lacked legal justification for being there,” Blanche Cook, the paper’s author, details. All of this can be traced back to the Supreme Court’s legal doctrine that created the conditions for this botched search warrant execution.
FDA Law Blog
AUGUST 4, 2022
The Court instead concluded that the term, as used in the AKS, is “more accurately understood as a voluntary, intentional violation of a known legal duty…the mens rea element goes no further” (internal quotations omitted). Whether the Beneficiary Inducement Statute (BIS) is relevant to interpreting the AKS (essentially, no).
JonathanTurley
SEPTEMBER 7, 2021
The mens rea element is merely eliminating involuntary failures like illness or force in the failure to perform. Restitution shall include the payment of legal interest at the rate provided in R.S. The statute itself reads like criminalized negligence. It uses the language of criminal scienter in requiring an intentional act.
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