article thumbnail

Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

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. A mens rea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.

article thumbnail

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. The district court ruled for the government and the U.S. Court of Appeals for the 6th Circuit agreed. A mens rea of purpose equates to a consciously desirable outcome.

article thumbnail

“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

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.” Indeed, such a claim would contradict controlling Supreme Court precedent. ” Braxton v. United States , 500 U.S.