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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

had pleaded guilty to a felon-in-possession charge, and the government sought to apply the enhanced sentence under the ACCA. One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. .” Petitioner Charles Borden Jr.

Felony 161
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.

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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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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

Xiulu Ruan, one of the petitioners, was a board-certified interventional pain specialist who the government alleges operated an Alabama “pill mill” — a term used to describe doctors, clinics, or pharmacies that prescribe or dispense high volumes of powerful narcotics inappropriately.

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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 JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead.

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Detailed Analysis of POCSO Act, 2012

LexForti

Teesha Deb (National Law University, Orissa). The author is associated to the National Law University, Orissa. Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. INTRODUCTION. These are all examples of such situations.

Statute 52
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Biden Critics Say Change to Trump ‘Mens Rea’ Reform Endangers Innocent

The Crime Report

The order recognized that executive agencies have promulgated “thousands of regulations, creating a thicket of requirements that can be difficult to navigate,” and sought to make sure that all regulatory criminal laws are “clearly written so that all Americans can understand what is prohibited and act accordingly.”.