Friday, January 28, 2011

The Criminal Intent Report: Congress Is Eroding the Mens Rea Requirement in Federal Criminal Law

Heritage via  Overcriminalized.com    "The “guilty mind” requirement (what lawyers call mens rea) historically restricted criminal punishment to those who were truly blameworthy and helped ensure Americans had fair notice of the law’s requirements. No one could be convicted of a crime without the government having proved that he acted with a guilty mind. In a sharp break with this tradition, recent Congresses have crafted scores of new federal criminal laws that lack adequate guilty-mind requirements and define the conduct that they criminalize in vague, overbroad terms."
Download full PDF report here.

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