Constitutional Law Reporter

JULY 19, 2023

It concluded that a recklessness standard— i.e., a showing that a person “consciously disregard[ed] a substantial [and unjustifiable] risk that [his] conduct will cause harm to another,”—is the appropriate mens rea. The post Supreme Court Clarifies First Amendment Test for True Threats appeared first on Constitutional Law Reporter.

Mens Rea 52

Mens Rea Court Constitutional Law Statute 52

JonathanTurley

JUNE 17, 2022

Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” ” Braxton v. United States , 500 U.S. 344 (1991).

Mens Rea 43

Mens Rea Law School Laws Felony 43

JonathanTurley

DECEMBER 20, 2022

That is a far cry from evidence showing mens rea — “guilty mind.” There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership. It is a chilling list but it is also notable in that no final action was taken on such proposals.

Mens Rea 59

Mens Rea Felony Drafting Court Rules 59