Search for: "In Re Rea"
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14 Jun 2024, 4:27 am
We’re disappointed to see that states have failed to act on any of our recommendations, including the letter we sent in February. [read post]
12 Jun 2024, 6:53 am
Using criminal law as an analogy, this is akin to lowering the burden of proof from finding both actus reus (guilty act) and mens rea (guilty mind, or intent) to just either of the two on its own. [read post]
10 Jun 2024, 6:00 am
Project, LLC v Utica Urban Renewal Agency, 188 AD3d 1601, 1602-1603 [4th Dept 2020]), and "[a]reas of economic underdevelopment and stagnation may be considered blighted so as to support the taking of vacant and underutilized properties located therein" (Matter of Court St. [read post]
10 Jun 2024, 6:00 am
Project, LLC v Utica Urban Renewal Agency, 188 AD3d 1601, 1602-1603 [4th Dept 2020]), and "[a]reas of economic underdevelopment and stagnation may be considered blighted so as to support the taking of vacant and underutilized properties located therein" (Matter of Court St. [read post]
10 Jun 2024, 5:50 am
Counterman had sent Whalen thousands of messages which included texts such as: “Staying in cyber life is going to kill you,” “You’re not being good for human relations. [read post]
9 Jun 2024, 4:00 am
— éléments constitutifs de l’infraction — actus reus — obligation d’offrir de l’assistance — présence d’une personne blessée ou qui semble avoir besoin d’assistance — mens rea — modification législative — modification du chef d’accusation — absence de préjudice — droit à une défense pleine et entière —… [read post]
7 Jun 2024, 5:11 am
To secure a conviction, the Crown must show that both the actus reus (guilty act) and mens rea (guilty mind) elements are present. [read post]
6 Jun 2024, 2:06 pm
But the second prong of the robbery test is satisfied only if either (1) the perpetrator intended to cause fear (and thus had the requisite subjective mens rea), or (2) notwithstanding the lack of such intent, the circumstances of the offense would objectively engender such fear, notwithstanding the defendants' (unreasonable) failure to anticipate such a result. [read post]
6 Jun 2024, 7:21 am
No Mens Rea/Actus Reus If you can successfully challenge the mental or physical elements of voyeurism, you cannot be convicted. [read post]
6 Jun 2024, 5:50 am
The Guilty Mind (Mens Rea) In addition to the actus reus, the Crown must also prove beyond a reasonable doubt the mental elements of the offence including: You intended to make, download, view, or export child pornography; or You knew or were wilfully blind as to the content of the material. [read post]
21 May 2024, 8:17 am
§ 1326 makes it a crime to re-enter the United States after having been removed, deported, or denied entry. [read post]
7 May 2024, 10:44 am
It's notoriously difficult to explain the different types of mens rea requirements imposed by criminal laws to first-year law students. [read post]
19 Apr 2024, 1:16 pm
If they are a re-offender, they are also guilty of an indictable offence and liable to a term of 5 years in jail. [read post]
17 Apr 2024, 5:11 am
And then we'd also have to be able to prove that they acted corruptly, and this sets a stringent mens rea. [read post]
15 Apr 2024, 7:05 pm
Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. [read post]
4 Apr 2024, 4:43 am
The conviction was upheld by the appellate court, but the Texas Court of Criminal Appeals reversed, holding that the crime required the mens rea of her knowing that she was prohibited from voting. [read post]
9 Feb 2024, 10:41 am
Mens rea is defined as the knowledge or intention of committing the crime. [read post]
4 Feb 2024, 6:29 pm
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1] [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on January 6… [read post]
27 Jan 2024, 2:29 pm
Pix Credit hereEven though I do not find it plausible that the military operation is being conducted withgenocidal intent, I voted in favour of the measures indicated by the Court. [read post]
25 Jan 2024, 3:43 am
What if the crime lacked mens rea, or involved merely negligence? [read post]
