Mens Rea
Four functions of mens rea
... Pace Lord Mustill in Kingston itself, at 365: “In respect of some offences the mind of the defendant, and still less his moral judgment, may not be engaged at all. In others, although a mental activity must be the motive ...
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How do they do that? Automatism, coercion, necessity and mens rea in Scots Law
... replicated in relation to other defences. Automatism, coercion and necessity each provide good reasons for exculpating an accused person. In the latter two, the objectivism of the defence definition actually serves to ...
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A New Mens Rea for Rape: More Convictions and Less Punishment
... the mens rea of culpable indifference— which is one of the mental states captured by the malignant heart standard—is that “[f]ree-floating desires, intentions, beliefs, or attitudes, without more, do not ...
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Criminal Ambiguity: Redefining the Clean Water Act’s Mens Rea Requirements
... which mens rea standard to apply, this Article nonetheless suggests that the Supreme Court continue to decline ...the mens rea requirements necessary to commit a Clean Water Act ...
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Through a Scanner Darkly: The Use of FMRI as Evidence of Mens Rea
... defining mens rea—which is a legal term of art and not something that neuroscientists use in our day-to-day life in a way that it could be captured by a functional imaging experiment—is not something that I ...
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26 U S C 5861(d) Requires Mens Rea as to the Physical Characteristics of the Weapon
... Justice Thomas, however, disagreed on this conclusion, and held that the mens rea required for this element is "knowing." Lastly, the second circumstance element, "not registered to him [r] ...
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Global-Tech's "Patent" Failure: Why Congress Must Revise the Foreign Corrupt Practices Act's Mens Rea after Global-Tech
... This, however, is assuming that the standard will even be followed literally. Based on the splintering of case law subsequent to Global-Tech in fields outside of the FCPA, it seems that generally lower courts will have ...
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Accomplice to Genocide Liability: The Case for a Purpose Mens Rea Standard
... The split between the majority and minority view on the mens rea requirement for genocide must be viewed under the overall scheme of enforcement of the Genocide [r] ...
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Guilt Without Mens Rea: How Florida’s Elimination of Mens Rea for Drug Possession is Constitutional
... While other states may not be rushing to adopt drug possession statutes similar to the Act—considering some have taken steps toward selective legalization—other criminal statutes that eliminate mens rea ...
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Mens Rea Reform and its Discontents
... about mens rea reform functioning as a “Trojan Horse” for conservatives and libertarians seeking to dismantle the welfare ...about mens rea reform reaching the wrong defendants, but it might ...
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Rosemond, Mens Rea, and the Elements of Complicity
... If the defendant was blocking the entrance to the post office because she was carrying a load of packages to be mailed and was hoping someone would open the door for her, her presence at the scene was the result of a ...
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Florida’s Drug Statute, Mens Rea, and Due Process
... While the general approach taken by the Supreme Court has been to avoid any potential constitutional issues by engaging in creative statutory interpretation to find mens[r] ...
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The Cognitive Psychology of Mens Rea
... Research indicates that jurors possess prototypes for a wide variety 10of6 10 4 burglary,'0 5 kidnapping, crimes, including, inter alia, assault, murder, 10 7 robbery,' 0 8 stalking, 1°9[r] ...
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Mens Rea and Inchoate Crimes
... The Model Penal Code's Approach The approach of the Model Penal Code to attempt liability is to require defendant to have as his purpose the commission of conduct that will in fact be th[r] ...
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The Ostrich Instruction: Deliberate Ignorance as a Criminal Mens Rea
... 9 1 The Jewell majority adopted as its standard the Model Penal Code definition of knowledge: one knows a particular fact when he "is aware of a high probability of its existence, unless[r] ...
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Mens Rea for Sexual Abuse: The Case for Defining the Acceptable Risk
... criminal law: if the probability of the harm occurring is called P, the gravity of the harm is called G, and the social5 utility of the conduct is U, then conduct is unjustifiably risky [r] ...
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Concept of Mens Rea in the Criminal Law
... And this intent to steal must be when it cometh to his hands or possessions; for if he hath the possession of it once lawfully, though he hath animus furandi afterward, and carryeth it a[r] ...
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Is Mens Rea a Component of Perceived Offense Seriousness
... cerned e.g., offenses concerned with protection of the environment; and iii that the degree of harm inflicted, controlling for the mental element, has a significant effect on the estimat[r] ...
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The Uneasy Entente between Legal Insanity and Mens Rea: Beyond Clark v Arizona
... 1l9 The defense expert also testified that Clark may have turned the radio up to drown out auditory hallucinations.12 0 The operative Arizona legal insanity test under which Clark was tr[r] ...
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Enterprise planning model using REA ontology
... using REA framework to model enterprise planning not only at the operational level but also at the policy ...the REA framework because the policy level in this way represents metalevel of the ...the ...
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