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29 Aug 2018, 1:53 pm by Thomas Surmanski
Advanced IntoxicationThe current state of the law is such that an accused person can negate the mens rea element of the offence as well as the necessary voluntariness element by merely establishing that his state of intoxication might have impaired his foresight of consequences. [read post]
29 Aug 2018, 1:53 pm by Thomas Surmanski
Advanced IntoxicationThe current state of the law is such that an accused person can negate the mens rea element of the offence as well as the necessary voluntariness element by merely establishing that his state of intoxication might have impaired his foresight of consequences. [read post]
2 Dec 2009, 2:16 am
10thCir_Ctroom3.jpg In obstruction of justice trial of a police officer, in which the defendant’s mens rea was highly contested, the trial court improperly excluded the defendant’s proffer of good character evidence as a “law-abiding, trusted police officer” requiring reversal of the jury conviction, in United States v. [read post]
30 Mar 2023, 4:05 pm
Now, the greater mens rea might still constitute a "lesser" offense, since if you have the higher mens rea you necessarily also violate the strict liability offense that requires no such showing. [read post]
12 Dec 2016, 8:52 am by David Duncan
  These decisions, the Court concluded, would not be approved by the Supreme Judicial Court, the highest state court, because the two involve different mens rea requirements – intentional vs. reckless. [read post]
12 Dec 2016, 8:52 am by David Duncan
  These decisions, the Court concluded, would not be approved by the Supreme Judicial Court, the highest state court, because the two involve different mens rea requirements – intentional vs. reckless. [read post]
15 Oct 2015, 6:11 pm by John Ehrett
United States 14-10154Issue: (1) Whether a misdemeanor crime with the mens rea of recklessness qualifies as a "misdemeanor crime of domestic violence" as defined by 18 U.S.C. [read post]