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US conservative advocacy group says strict liability crimes contribute to overcriminalization

JURIST

The report also criticized the proliferation of laws that require no specific mental state as contributing to over-criminalization in the country. ” The report further argued that mandating a mens rea requirement in every federal criminal statute would help eliminate over-criminalization and the abuse of prosecutorial discretion.

Mens Rea 132
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Cooke Symposium 2025: Criminal Justice on Trial

NewYorkCourtWatcher

New York Court Watcher Research & Commentary on the Supreme Court, the New York Court of Appeals, More Home Home About NYCW Author: Vin Bonventre Center for Judicial Process Intl Law Studies Alb L Rev State Constitutional Commentary and Chief Judge Cooke Symposium 2024 Cooke Symposium: NYs Being Chief Judge 2024 Cooke Symposium Poster Tuesday, (..)

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

JURIST

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). The Supreme Court reversed that judgment and remanded the case.

Felony 161
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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

Share In the midst of a national opioid crisis that claimed more than 100,000 lives in this country over the past year, the Supreme Court will hear a case on Tuesday about the relevance of doctors’ subjective intentions in criminal prosecutions for unlawful distribution of controlled substances. While on the surface, the case, Ruan v.

Mens Rea 102
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

Share With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills. The case, Ruan v.

Mens Rea 102
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law

Now, after an unfavorable HHS Office of the Inspector General (OIG) advisory opinion and two defeats in court, Pfizer has appealed the Second Circuit’s decision to the Supreme Court. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). Greber, 760 F.2d

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

FDA Law

While the authors did a yeoman’s job of combing through the criminal cases to identify what they view as a “handful” of cases and call for increased use of the Park doctrine, we at the FDA Law Blog respectfully disagree. The editorial conflates a number of distinct but related principles of law and federal prosecution.