Mens Rea and Misdemeanor - Paralegal Brief

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Mens Rea

Misdemeanor

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

JUNE 24, 2021

The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. A mens rea of purpose equates to a consciously desirable outcome. In Voisine , a 2016 case, the court held that a “misdemeanor crime of domestic violence” included offenses with a reckless mental state.

Mens Rea

Mens Rea Felony Statute Misdemeanor

No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

SEPTEMBER 22, 2022

First, regardless of Park, under the FDC Act, any individual who commits an FDC Act violation can be held liable for a strict liability misdemeanor, regardless of whether the individual is a responsible corporate officer. Therefore, as a matter of proof, DOJ can obtain a misdemeanor conviction even when a jury acquits on a felony.

Misdemeanor

Misdemeanor Mens Rea Felony Government

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

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