JURIST
JUNE 12, 2021
Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA. The Supreme Court reversed that judgment and remanded the case.
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.
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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
The Second Circuit’s Interpretation of the AKS and its Mens Rea 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 mens rea element goes no further.” Pfizer appealed to the Second Circuit, which again ruled against Pfizer.
FDA Law Blog
SEPTEMBER 22, 2022
It’s a bedrock principle of criminal law that crimes require an actus reus (the prohibited act) and the requisite mens rea (mental state). While strict liability criminal statutory schemes are an exception to that rule, we don’t agree that the government should bring a Park case just because it can.
The Crime Report
JANUARY 6, 2022
It is imperative that evidence obtained through materially false statements in warrants be rejected regardless of the mens rea of the applicant,” Cook explained. Associate Professor of Law at the University of Kentucky College of Law where she teaches criminal law and procedure, as well as trial advocacy and critical race theory.
JonathanTurley
SEPTEMBER 7, 2021
The statute itself reads like criminalized negligence. It uses the language of criminal scienter in requiring an intentional act. The mens rea element is merely eliminating involuntary failures like illness or force in the failure to perform. However, it is intent to “refuse or fail to perform” a duty.
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