Felony, Mens Rea and Misdemeanor

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

JUNE 24, 2021

Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. Borden objected. Ashcroft and Voisine v.

Mens Rea

Mens Rea Felony Statute Misdemeanor

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

FDA Law Blog

SEPTEMBER 22, 2022

First, regardless of Park, under the FDC Act, any individual who commits an FDC Act violation can be held liable for a strict liability misdemeanor, regardless of whether the individual is a responsible corporate officer. Therefore, as a matter of proof, DOJ can obtain a misdemeanor conviction even when a jury acquits on a felony.

Misdemeanor

Misdemeanor Mens Rea Felony Government

Paralegal Brief

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

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

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