Criminal Law Laws Mens Rea 
JURIST
FEBRUARY 27, 2025
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.
JURIST
JUNE 12, 2021
One of the three violent felonies the government alleged as a predicate to the ACCA charge was for reckless aggravated assault under Tennessee law. He wrote instead that the phrase is “a centuries-old term of art in the criminal law that distinguishes offenses against the person from offenses against property.”
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SCOTUSBlog
JUNE 28, 2022
Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. The case, Ruan v. The question was whether a doctor’s subjective intent in prescribing matters.
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.
FDA Law Blog
NOVEMBER 6, 2022
In June 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.
FDA Law Blog
SEPTEMBER 22, 2022
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.
The Crime Report
JANUARY 6, 2022
While her death is an absolute tragedy, a law professor at the University of Kentucky writes that her death “transcends the narrative of bad-apple cops” and highlights the broken system backing search warrants, according to a forthcoming Boston University Law Review paper. A Decaying Search Warrant System.
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