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

FDA Law Blog

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.

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

SCOTUSBlog

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. In Voisine , a 2016 case, the court held that a “misdemeanor crime of domestic violence” included offenses with a reckless mental state.