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

SCOTUSBlog

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.

Mens Rea 101
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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New Orleans Police Seek Arrest of Dispatcher Under Novel Criminal Charge

JonathanTurley

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.

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Detailed Analysis of POCSO Act, 2012

LexForti

Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. Instead, the offenses were recorded under the Indian Penal Code, 1860, or the Criminal Procedure Code. Narrowly Construed Cases.

Statute 52
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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” ” Braxton v. United States , 500 U.S. 344 (1991). ” .