Government, Mens Rea and Misdemeanor

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

FDA Law Blog

SEPTEMBER 22, 2022

The JAMA editorial notes that there are few Park cases for two primary reasons: [The government] may lead. 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.

Misdemeanor

Misdemeanor Mens Rea Felony Government

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

SCOTUSBlog

JUNE 24, 2021

At sentencing, the government sought an enhancement under the ACCA; it claimed that three of Borden’s prior felony convictions were violent felonies. He asserted that one of the felonies the government cited included recklessness, and, therefore, was not a violent felony. The district court ruled for the government and the U.S.

Mens Rea

Mens Rea Felony Statute Misdemeanor

Paralegal Brief

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

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

Webinars

Stay Connected