Court Rules, Government, Mens Rea and Statute

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Court Rules

Government

Mens Rea

Statute

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

SCOTUSBlog

JUNE 28, 2022

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. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.

Mens Rea

Mens Rea Government Criminal Law Court

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

SCOTUSBlog

JUNE 24, 2021

The case came to the court after Charles Borden Jr. At sentencing, the government sought an enhancement under the ACCA; it claimed that three of Borden’s prior felony convictions were violent felonies. He asserted that one of the felonies the government cited included recklessness, and, therefore, was not a violent felony.

Mens Rea

Mens Rea Felony Statute Misdemeanor

Paralegal Brief

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

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

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