Latest Dominion Doc Dump Shows Big Mens Rea Energy At Fox
Above The Law
MARCH 8, 2023
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 Related Topics 
India: Would Lack Of ‘Mens Rea' Constitute Medical Negligence? Supreme Court Says YES - S.S. Rana & Co. Advocates
Mondaq
OCTOBER 28, 2021
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).
Mens Rea 
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Trial Prep: What Attorneys Really Want (And How to Deliver It)
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Human rights organization petitions ICC to investigate alleged genocide in Nagorno-Karabakh
JURIST
APRIL 19, 2024
” 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.
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Panel Holds that Ohio Aggravated Burglary Statute Does Not Count as Predicate Violent Felony under ACCA.
SquirePattonBoggs
FEBRUARY 14, 2023
2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mens rea for offenses deemed violent felony predicate offenses. As the Sixth Circuit explained, Patterson “did not consider, as Borden now requires, whether the offense’s force element has a mens rea greater than recklessness.” Butts , 40 F.4th
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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act
SCOTUSBlog
JUNE 28, 2022
In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mens rea (a guilty state of mind) for criminal offenses. A mens rea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.
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UK: Tom McNeill On Corporate Criminal Liability (Video) - BCL Solicitors LLP
Mondaq
SEPTEMBER 15, 2021
BCL senior associate Tom McNeill is interviewed discussing the shifting UK corporate criminal liability landscape and applying the regulatory approach to Mens Rea offences.
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Report examines challenges to prosecuting police for civil rights violations
JURIST
APRIL 29, 2021
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.”
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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’
JURIST
JUNE 12, 2021
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.
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Hong Kong court convicts 14 activists over subverting state power by controlling legislature
JURIST
MAY 30, 2024
Nonetheless, the court held otherwise in finding that: [T]he use of the word ‘unlawful’ in [Article 22 of the China-imposed National Security Law] was an adjective to qualify the actus reus of the offense rather than the requisite mens rea ” … it was irrelevant to the issue of guilt that the accused acted with a mistaken belief (..)
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Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act
SCOTUSBlog
FEBRUARY 28, 2022
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.
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Hong Kong court convicts two former Stand News journalists of sedition
JURIST
AUGUST 31, 2024
” Furthermore, Kwok also ruled that the prosecution could establish the defendant’s mens rea by proving that the defendant, aware of the seditious intent within a publication, disregarded the consequence of publishing it.
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Pakistan dispatch: persecution of religious minorities continues under current blasphemy law
JURIST
OCTOBER 30, 2022
Every clause in the blasphemy law was modified or changed when Zia was leader, and the intent or mens rea requirement was completely removed. The Pakistan Penal Code was revised several times between 1980 and 1986, and five sections were added that address blasphemy and other religious offences.
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Upcoming Supreme Court Oral Arguments in IP & Tech Cases
Patently O
FEBRUARY 3, 2023
The question is whether his intent (mens rea) matters, or can he be convicted based only upon the reasonably perceived threat of the recipient.). Colorado (When does speech rise to a “true threat”, unprotected by the First Amendment. Here, it was a series of unsolicited Facebook direct messages. April 24 – Dupree v.
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Cannabis, property tax opinions filing tomorrow
At the Lectern
MAY 29, 2024
2) Does state law preempt a local ordinance when both prohibit the same conduct and the state law has a mens rea component that the local ordinance does not?
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No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act
SCOTUSBlog
JUNE 24, 2021
The ACCA, in Borden’s view, required a higher culpable state of mind, or mens rea , than recklessness. A mens rea of purpose equates to a consciously desirable outcome. Both Kagan’s plurality opinion and Kavanaugh’s dissent seemed to name a future mens rea controversy for the court: extreme recklessness.
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Defendant wrongly denied chance at murder resentencing
At the Lectern
NOVEMBER 27, 2023
Other parts of the jury’s verdict in this particular case also “do not reflect all of the factual findings necessary to support a murder conviction under current law.” because the aider and abettor has not sufficiently concerned himself with that murder.”
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Murder convictions affirmed for defendants who didn’t fire fatal shot
At the Lectern
JULY 20, 2023
1437 and Chiu ’s discussion of the natural and probable consequences doctrine, which both concern the mens rea of a crime.” ” The opinion doesn’t specifically mention SB 775. The court affirms the Third District Court of Appeal’s unpublished opinion.
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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS
FDA Law Blog
NOVEMBER 6, 2022
The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer appealed to the Second Circuit, which again ruled against Pfizer.
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Supreme Court Clarifies First Amendment Test for True Threats
Constitutional Law Reporter
JULY 19, 2023
It concluded that a recklessness standard— i.e., a showing that a person “consciously disregard[ed] a substantial [and unjustifiable] risk that [his] conduct will cause harm to another,”—is the appropriate mens rea. That standard, again, is recklessness.
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Larger March calendar includes high-stakes COVID insurance case
At the Lectern
FEBRUARY 15, 2024
2) Does state law preempt a local ordinance when both prohibit the same conduct and the state law has a mens rea component that the local ordinance does not? ” The case concerns prosecution of an octogenarian landlord for violating city ordinances that prohibit renting to “any unlicensed Commercial Cannabis Activity.”
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Good Doc, Bad Doc: Supreme Court Finds Prescriber Knowledge Counts
FDA Law Blog
JUNE 28, 2022
Writing for the majority, Justice Breyer stated that the Court holds that the statutory language “knowing or intentionally” ( mens rea) applies to the “except as authorized“ clause under section 841, meaning that if the prescriber was otherwise authorized to issue the prescription (e.g., appropriately licensed, etc.)
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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree
FDA Law Blog
SEPTEMBER 22, 2022
It’s a bedrock principle of criminal law that crimes require an actus reus (the prohibited act) and the requisite mens rea (mental state). It’s another thing entirely to prosecute individuals who were not involved in the misfeasance and were unaware of the alleged violations.
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In opioids “pill mill” case, justices grapple with physician intent
SCOTUSBlog
MARCH 2, 2022
Several justices asked first, whether, for every element of a crime, the government had to prove mens rea; and second, what precise burden remains on the government once a doctor puts forward lack of criminal intent as a defense.
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‘Search Warrants Rot Law Enforcement’: Paper
The Crime Report
JANUARY 6, 2022
It is imperative that evidence obtained through materially false statements in warrants be rejected regardless of the mens rea of the applicant,” Cook explained. She also suggests requiring higher justification for no-kick entry warrants.
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Argument analysis: Justices doubt FTC’s authority to compel monetary relief
SCOTUSBlog
JANUARY 14, 2021
As she put it: [I]t seems to me that the best argument against your position, and it’s a strong one, comes from Section 5 and Section 19, which have these protections in them that Section 13 does not, that there has to be a repeated violation, that there has to be a certain kind of mens rea and so forth.
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Venue (and Changing Venue) in Criminal Trade Secret Cases
Patently O
AUGUST 30, 2022
Of these, elements 1 and 4 are mens rea elements rather than conduct elements and so the 11th Circuit found them irrelevant to the venue question. D intended or at least knew that the offense would injure the owner of the trade secret; and. The trade secret is related to interstate or foreign commerce.
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US Supreme Court rules prosecutors must prove doctors knowingly prescribed drugs illegally to secure unlawful distribution conviction
JURIST
JUNE 27, 2022
The US Supreme Court Monday ruled that the US government must prove beyond a reasonable doubt that a doctor knowingly prescribed opioids “in an unauthorized manner” in order to secure a conviction for the illegal distribution of controlled substances. In the case of Ruan v.
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New Orleans Police Seek Arrest of Dispatcher Under Novel Criminal Charge
JonathanTurley
SEPTEMBER 7, 2021
The mens rea element is merely eliminating involuntary failures like illness or force in the failure to perform. The statute itself reads like criminalized negligence. It uses the language of criminal scienter in requiring an intentional act. However, it is intent to “refuse or fail to perform” a duty.
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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute
FDA Law Blog
AUGUST 4, 2022
The Court instead concluded that the term, as used in the AKS, is “more accurately understood as a voluntary, intentional violation of a known legal duty…the mens rea element goes no further” (internal quotations omitted).
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How the present Laws would have dealt with the Uchiha Massacre?
LexForti
JANUARY 12, 2022
Whatever the mens-rea may be, the actus-reus was the total elimination of a clan. The mission to commit Uchiha massacre was given by DANZO to Itachi. According to him, it was the only way to maintain the internal peace in the village. It makes Danzo the main conspirator of committing the Genocide. Danzo assigning Itachi the mission.
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Texas man sues 3 women for allegedly aiding his ex-wife obtain abortion medication
JURIST
MARCH 10, 2023
Furthermore, according to Silva, all the defendants knew they were aiding in a murder and had the mens rea (guilty mind) needed to trigger the application of both statutes. Therefore, the court does not have any license to put aside Texas’ abortion laws.
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SCOTUS dispatch: government lawyer grilled for an hour on meaning of federal corruption statute
JURIST
APRIL 15, 2024
“Corruptly” as a consciousness of wrongdoing has never been the mens rea for bribery. The whole argument was this was a legitimate consulting agreement. I feel like we’re in a Senate room drafting language [of a statute].
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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World
The IP Law Blog
MARCH 2, 2021
While the argument that “principles of equity” includes a willfulness requirement would not “directly contradict the statute’s other, express mens rea provisions or render them wholly superfluous[,].
Why Do We Treat Sex Crimes Differently Than Other Violent Crimes?
The Crime Report
FEBRUARY 21, 2023
Kari Hong, an immigration lawyer and law professor at the University of Montana, wrote an academic article , titled “A New Mens Rea For Rape,” about rape law and reform in 2017 and followed it up with an article for The Crime Report: “ What Rape Reform Needs: More Convictions, Less Punishment. ” Hong told The Crime Report that she was originally motivated (..)
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Canada Supreme Court hands down varied rulings on firearm-related mandatory minimums
JURIST
JANUARY 27, 2023
Hilbach , the court considered whether the five- and four-year mandatory minimums for two men convicted of armed robbery with a firearm were constitutional.
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J&K&L HC quashed defamation complaint filed against media-persons
LexForti
OCTOBER 14, 2021
It also highlighted that mens rea, a condition precedent to constitute the offence of defamation, had been absent in order to prove the intention or knowledge on part of accused to harm the reputation of complainant.
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Detailed Analysis of POCSO Act, 2012
LexForti
NOVEMBER 17, 2022
Nevertheless, in circumstances of this nature, the legal principle of “mens rea” ought to be looked at in order to facilitate better decision-making on both the side of the defendant and the plaintiff The POCSO Court in Bombay, while adjudicating the “ Satish Ragde vs. the State of Maharashtra (Criminal Appeal no.
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Biden Critics Say Change to Trump ‘Mens Rea’ Reform Endangers Innocent
The Crime Report
MAY 19, 2021
As President Joe Biden continues to undo almost every policy approved by former president Trump, his recent decision to end Executive Order 13980, which required agencies that issue regulations with criminal penalties to “be explicit about what conduct is subject to criminal penalties and the ‘mens rea’ standard applicable to those offenses,” has raised (..)
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A Criminologist Assesses the ‘Racketeer-in-Chief’
The Crime Report
JANUARY 6, 2022
In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mens rea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes.
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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder
JonathanTurley
JUNE 17, 2022
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).
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Last-chance Hearing: Jan. 6 Committee Has Yet To Establish A Criminal Case Against Trump
JonathanTurley
JULY 21, 2022
It is the type of evidence used to show mens rea — “guilty mind.” There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership. As unnerving as these proposals were, they also were not carried out.
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A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case
JonathanTurley
DECEMBER 20, 2022
That is a far cry from evidence showing mens rea — “guilty mind.” There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership. It is a chilling list but it is also notable in that no final action was taken on such proposals.
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