article thumbnail

US conservative advocacy group says strict liability crimes contribute to overcriminalization

JURIST

Right on Crime contends that “there has been an explosion of criminal laws passed by Congress and promulgated by federal executive agencies” where mens rea requirements have been intentionally omitted.

Mens Rea 133
article thumbnail

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 104
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Hong Kong top court affirms opposition activist now-repealed sedition convictions

JURIST

The judge in that case held that to establish mens rea, the prosecution only needs to establish that the defendant, aware of the seditious intent within a publication, disregarded the consequence of publishing it.

Mens Rea 104
article thumbnail

Human rights organization petitions ICC to investigate alleged genocide in Nagorno-Karabakh

JURIST

” The CFTJ report claims that Azerbaijani armed forces met both the actus reus and mens rea elements for genocide, prohibited under Article II(c) of the Convention on the Prevention and Punishment of the Crime of Genocide.

Mens Rea 222
article thumbnail

Report examines challenges to prosecuting police for civil rights violations

JURIST

It compares this standard, which incorporates a subjective element with a high threshold for proof into the requisite mens rea, with both “knowingly” and “recklessly.”

Mens Rea 211
article thumbnail

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

JURIST

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.

Felony 161
article thumbnail

India: Would Lack Of ‘Mens Rea' Constitute Medical Negligence? Supreme Court Says YES - S.S. Rana & Co. Advocates

Mondaq

To declare any act as a criminal offence, it must consist of two elements - Actus Reus (a guilty act) and Mens Rea (intention or knowledge of wrong-doing).