Remove Criminal Law Remove Felony Remove Legal 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 161
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer’s Petition to SCOTUS.

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

FDA Law Blog

Second, because of this strict liability exposure, an individual can be charged with an FDC Act misdemeanor as a lesser included offense any time DOJ charges an FDC Act felony. Therefore, as a matter of proof, DOJ can obtain a misdemeanor conviction even when a jury acquits on a felony. A Park case should be no different.

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

JonathanTurley

There is also no compelling legal basis for the claim. ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. ” I guess there is no doubt. Those are plenty to start with.”. ” [Citation.]’ ’ [Citations.]”

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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.” Trump is in trouble.

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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.