Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act
SCOTUSBlog
JUNE 28, 2022
In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.
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