JURIST
JUNE 12, 2021
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). She also concluded that the ordinary meaning of “violent felony” requires knowing or intent behind the act.
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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FDA Law Blog
AUGUST 4, 2022
The Court instead concluded that the term, as used in the AKS, is “more accurately understood as a voluntary, intentional violation of a known legal duty…the mens rea element goes no further” (internal quotations omitted). Whether the Beneficiary Inducement Statute (BIS) is relevant to interpreting the AKS (essentially, no).
FDA Law Blog
SEPTEMBER 22, 2022
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.
The Crime Report
JANUARY 6, 2022
In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mens rea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes.
JonathanTurley
JUNE 17, 2022
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.]”
JonathanTurley
JULY 21, 2022
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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