Remove Criminal Law Remove Felony Remove Laws Remove Mens Rea
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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). ” Petitioner Charles Borden Jr. ” Petitioner Charles Borden Jr.

Felony 157
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

In June 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

While the authors did a yeoman’s job of combing through the criminal cases to identify what they view as a “handful” of cases and call for increased use of the Park doctrine, we at the FDA Law Blog respectfully disagree. The editorial conflates a number of distinct but related principles of law and federal prosecution.

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

JonathanTurley

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.

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

JonathanTurley

Harvard law professor Laurence Tribe said the question was only what would be charged first, since Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” It is the type of evidence used to show mens rea — “guilty mind.” It has not done so criminally.

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

JonathanTurley

Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” That is a far cry from evidence showing mens rea — “guilty mind.”