Criminal Law Drafting Mens Rea 
SCOTUSBlog
FEBRUARY 28, 2022
They also argue that Congress, elsewhere in the CSA, meaningfully deviated from the “knowingly or intentionally” language to impose a lower standard for certain actions undertaken “knowingly or recklessly,” thereby showing that Congress knew how to criminalize merely reckless behavior when it wanted to.
JonathanTurley
JULY 21, 2022
It is difficult to make a criminal case over what an official failed to do. Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. It is the type of evidence used to show mens rea — “guilty mind.”
JonathanTurley
DECEMBER 20, 2022
Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. That is a far cry from evidence showing mens rea — “guilty mind.” Instead, much of the evidence cited what an official failed to do.
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