Remove Criminal Law Remove Drafting Remove Legal Remove Mens Rea
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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

They also argue that Congress, elsewhere in the CSA, meaningfully deviated from the “knowingly or intentionally” language to impose a lower standard for certain actions undertaken “knowingly or recklessly,” thereby showing that Congress knew how to criminalize merely reckless behavior when it wanted to.

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Last-chance Hearing: Jan. 6 Committee Has Yet To Establish A Criminal Case Against Trump

JonathanTurley

It is difficult to make a criminal case over what an official failed to do. Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. It is the type of evidence used to show mens rea — “guilty mind.”

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A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

JonathanTurley

There is justifiable anger over these accounts but this hearing was billed as presenting the case for criminal charged. Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. It missed that mark by a considerable measure.