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The Second Circuit’s Interpretation of the AKS and its MensRea 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 mensrea element goes no further.” 14, 2022 to decide whether to grant certiorari.
July 25, 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 mensrea element goes no further” (internal quotations omitted). Pfizer, Inc. Department of Health and Human Services et al.
A)(1), does not qualify as a violent felony under the Armed Career Criminal Act (commonly referred to as “ACCA”). A)(1) did qualify as a violent felony under ACCA. 2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mensrea for offenses deemed violent felony predicate offenses.
In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mensrea 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.
Gillespie, 2022 Cal. LEXIS 3055 *, 2022 WL 1564200. ” ) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder. See People v. Indeed, in People v. Vallejo, 2021 Cal. ” [Citation.]’ ’ [Citations.]” 344 (1991).
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