Remove Criminal Law Remove Government Remove Legal Remove Mens Rea
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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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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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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

The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead. It’s one thing to prosecute a corporation for the actions of employees since a corporation, while a legal entity, can only act through the individuals that make up that entity. A Park case should be no different.

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Detailed Analysis of POCSO Act, 2012

LexForti

This culminated to the passage of the Protection Of Children from Sexual Offences Act, and there was a new inclusion to Article 15 clause (3) asserting upon the Government’s authority to enact specific statutory requirement for protection of minors. Both of these modifications were assessed to be crucial.

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.”.