article thumbnail

Latest Dominion Doc Dump Shows Big Mens Rea Energy At Fox

Above The Law

The post Latest Dominion Doc Dump Shows Big Mens Rea Energy At Fox appeared first on Above the Law. Don't ya hate it when your group chats leak?

Mens Rea 109
article thumbnail

India: Would Lack Of ‘Mens Rea' Constitute Medical Negligence? Supreme Court Says YES - S.S. Rana & Co. Advocates

Mondaq

To declare any act as a criminal offence, it must consist of two elements - Actus Reus (a guilty act) and Mens Rea (intention or knowledge of wrong-doing).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Human rights organization petitions ICC to investigate alleged genocide in Nagorno-Karabakh

JURIST

” The CFTJ report claims that Azerbaijani armed forces met both the actus reus and mens rea elements for genocide, prohibited under Article II(c) of the Convention on the Prevention and Punishment of the Crime of Genocide.

Mens Rea 222
article thumbnail

Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA. 

SquirePattonBoggs

2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. As the Sixth Circuit explained, Patterson “did not consider, as Borden now requires, whether the offense’s force element has a mens rea greater than recklessness.” Butts , 40 F.4th

article thumbnail

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

JURIST

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.

Felony 161
article thumbnail

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

SCOTUSBlog

In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. A mens rea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.

article thumbnail

UK: Tom McNeill On Corporate Criminal Liability (Video) - BCL Solicitors LLP

Mondaq

BCL senior associate Tom McNeill is interviewed discussing the shifting UK corporate criminal liability landscape and applying the regulatory approach to Mens Rea offences.