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US conservative advocacy group says strict liability crimes contribute to overcriminalization

JURIST

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.

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Latest Dominion Doc Dump Shows Big Mens Rea Energy At Fox

Above The Law

The post Latest Dominion Doc Dump Shows Big Mens Rea Energy At Fox appeared first on Above the Law. Don't ya hate it when your group chats leak?

Mens Rea 107
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Hong Kong top court affirms opposition activist now-repealed sedition convictions

JURIST

The 1970 amendment defined “seditious intention” to include “counsel[ing] disobedience to the law or to any lawful order.” ” The court found that the statutory law has displaced any common law requirement of proving an intention to incite third parties to violence or public disorder.

Mens Rea 104
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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

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.”

Felony 161
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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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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act

SCOTUSBlog

The government, in turn, focuses on the structure of the CSA — the words denoting mens rea, “knowingly or intentionally,” come after the exception clause at issue and so, the government argues, do not apply to it.

Mens Rea 101
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Hong Kong court convicts 14 activists over subverting state power by controlling legislature

JURIST

Lam would have been forced to dissolve the Legislative Council under Article 50 of the Basic Law and resign under Article 52 of the Basic Law if she refused to address the demand. This is the first time defendants have been acquitted under the China-imposed National Security Law, which was promulgated to safeguard national security.

Mens Rea 104