Search for: "Rea v. State" Results 61 - 80 of 1,203
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3 Jul 2023, 10:49 pm by Josh Blackman
This case considered what the proper mens rea was in a true-threats case. [read post]
29 Jun 2023, 6:18 am by Second Circuit Civil Rights Blog
Justices Sotomayor and Gorsuch write separately to state that the recklessness test is OK for some true threat cases, such as this Internet stalking case, but that the Court should leave open the possibility that a different mens rea standard might apply in other true threat cases. [read post]
19 Jun 2023, 5:26 am by centerforartlaw
It contributes to the creation and promotion of states’ national identity[20]. [read post]
9 Jun 2023, 10:16 am by jonathanturley
For roughly 30% on both ends of the political spectrum, any inquiry into these charges will begin and end at the caption: “United States v. [read post]
9 Jun 2023, 8:01 am by Tom Dannenbaum
This post focuses on those rules as they apply to states before turning to the possibility of individual criminal liability. [read post]
7 Jun 2023, 2:00 pm by Michael Oykhman
As always, to earn a conviction, the Crown is tasked with proving both the mens rea (mental intent) elements and the actus reus (the existence of the actual act) of the offence. [read post]
1 Jun 2023, 12:23 pm by Michael Oykhman
However, some defences may be: Lack of Knowledge/ Mens Rea: A key element of the offence under Section 270.1 is the intention to disarm a peace officer. [read post]
1 Jun 2023, 11:25 am by Michael Oykhman
In R v Stone, 1999 CanLII 688 (SCC), [1999] 2 SCR 290, the Supreme Court of Canada defined automatism as “a state of impaired consciousness. [read post]