JURIST
JUNE 12, 2021
Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA. The Supreme Court reversed that judgment and remanded the case.
FDA Law Blog
NOVEMBER 6, 2022
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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The Crime Report
JANUARY 6, 2022
“When police rammed the door of Breonna Taylor’s home and shot her six times in a hail of thirty-two bullets, they lacked legal justification for being there,” Blanche Cook, the paper’s author, details. All of this can be traced back to the Supreme Court’s legal doctrine that created the conditions for this botched search warrant execution.
JonathanTurley
SEPTEMBER 7, 2021
The statute itself reads like criminalized negligence. It uses the language of criminal scienter in requiring an intentional act. The mens rea element is merely eliminating involuntary failures like illness or force in the failure to perform. However, it is intent to “refuse or fail to perform” a duty.
SCOTUSBlog
FEBRUARY 28, 2022
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.
The Crime Report
FEBRUARY 21, 2023
In “ Sex Exceptionalism in Criminal Law, ” Gruber argues that treating sex crimes differently than other crimes is not natural or neutral but rather has a political history that should be examined. Gruber asked.
FDA Law Blog
SEPTEMBER 22, 2022
Last, because of the tremendous power given government prosecutors under this strict liability misdemeanor statutory framework, it is critical that those prosecutors exercise prosecutorial discretion, which is why the Justice Manual identifies a host of factors that prosecutors should consider before bringing any criminal charge.
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