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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]
9 Dec 2016, 9:02 am
 The judiciary, right from the famous case of Virsa Singh v State of Punjab 1958 AIR 465 has relied literally on the medical reports to adjudicate the actus reus of the accused and this reliance has been time and again criticized. [read post]
9 Dec 2016, 3:27 am by Walter Olson
Ciaramella, Reason] “Iowa Will Pay Poker Players Robbed by Forfeiture-Hungry State Cops” [Jacob Sullum] Time for the great U.K. child abuse witch hunt to close up shop [Charles Moore, Telegraph] “Reining in Prosecutorial Overreach with Meaningful Mens Rea Requirements” [Trevor Burrus on Cato amicus in 11th Circuit case of U.S. v. [read post]
9 Dec 2016, 3:00 am
 The judiciary, right from the famous case of Virsa Singh v State of Punjab 1958 AIR 465 has relied literally on the medical reports to adjudicate the actus reus of the accused and this reliance has been time and again criticized. [read post]
8 Dec 2016, 6:41 am
Justice Gogoi, upholding the principal laid down in William Staney v State of Madhya Pradesh (SC 1956, AIR 116), also took into consideration that the victim did not die on the spot or very shortly after the infliction of injuries but survived for some days in the hospital before death.On a literal interpretation, the judgment seems in consonance with S 300(a) and (b) of the Indian Penal Code. [read post]
8 Dec 2016, 6:41 am
Justice Gogoi, upholding the principal laid down in William Staney v State of Madhya Pradesh (SC 1956, AIR 116), also took into consideration that the victim did not die on the spot or very shortly after the infliction of injuries but survived for some days in the hospital before death.On a literal interpretation, the judgment seems in consonance with S 300(a) and (b) of the Indian Penal Code. [read post]
5 Dec 2016, 1:38 pm by Kent Scheidegger
The case does not contain any mens rea discussion or cite Elonis v. [read post]
23 Oct 2016, 3:54 pm by Jared Beck
And Article V enables the states, by “the Application of the Legislatures of two thirds of the several States,” to require Congress to call a Constitutional Convention. [read post]
22 Oct 2016, 3:26 am
      Narrowing the offence: the mens rea elementThe proposed clause would also narrow the scope of the offence by elaborating the mens rea requirement. [read post]