Principles of Criminal Liability Sep 13, 2008
Mens Rea, The Guilty Mind ... This state of mind is referred to as mens rea ... Mens rea is the defendant's state of mind when he engages in prohibited conduct. (Suite101.com)
Tough sentence must to check drunken driving Sep 8, 2008
Attempts to explain the presence of criminal intention (mens rea) in one case and its absence in another proved futile as he supplemented his earlier query with this: How do you justify death penalty for a murder and five-year term for six murders. A whopping 90,000 deaths occur on Indian roads every year due to accidents. (India Times, India -- Community News)
Employee fired after charges of animal abuse May 31, 2008
Reader Comments (16) The comments below are from readers and do not represent the views of the Daily Journal Mens Rea Actus Reaus Whoopity Doo posted on Friday, May 30th, 2008 at 4:03 pmEither the sheriff is guilty through a "law of parties" argument (look more legal knowledge), much like a pimp (sorry officer I didn't know what she was doing in the room before she gave me the money) or he should resign for being a horrible leader since he apparently had no clue what was going on in his own... (Park Hills Daily Journal, MO)
Don't mess around with markers at Nevada casinos Apr 19, 2008
Under state law, prosecutors must prove "mens rea," a Latin phrase meaning intent to commit a crime, in this case fraud, in bad check cases. Some expand that definition to include those with outstanding markers who know there aren't sufficient funds when accepting that debt, says District Court Judge Stewart Bell. (Scripps Howard News Wire)
Trader acquitted of trafficking 48kg of cannabis Mar 25, 2008
"In our judgment, if she (the judge) had properly directed herself on the law and on the facts that were placed before her, she would have come to the conclusion that the prosecution had failed to prove beyond a reasonable doubt the element of mens rea of possession that is an essential ingredient of the offence with which the accused was charged," he said. Justice Sri Ram said the High Court judge, in coming to a conclusion, made the assumption that the accused had failed to inform the police... (The Star Online, Malaysia -- News)
Another 'Gun Free Zone' Massacre... Feb 16, 2008
Criminals or people with the Mens Rea, that's guilty mind or a mind set on doing something, ARE GOING to get a gun regardless of the legal channels it takes. Criminals don't obey the law, PERIOD. You can't control who gets guns. (The Drudge Report)
Terrorist financing laws wrong for Canada, inquiry told Oct 27, 2007
"With the legislation the way it is, you would agree that it is going to capture more activity that's related to terrorist financing than if there is a mens rea (guilty mind) requirement injected into the legislation?" she asked Carter. But Mr. Major interjected to say he was conscious of the fact a balance is needed. (National Post)
Are our Political Parties completely out of Touch? Oct 26, 2007
The mens rea (state of mind) required to be proven by the prosecutor in our independent, albeit slow courts, is extremely high. Nobody will be prosecuted or convicted under this law for negligence. (Ghana Web, Ghana)
Montecito crash 'made everybody's life terrible' Oct 19, 2007
In many jurisdictions, such as in California, if the unintentional conduct amounts to such gross negligence as to amount to a willful or depraved indifference to human life, the mens rea may be considered to constitute malice. In such a case, the charged offense may be murder, often characterized as second degree murder. (Palo Alto Online, CA)
Two women in SoCal crash are identified Oct 19, 2007
" Comments My heart goes out to both families. May the love of family and friends provide some comfort during these dark days. Posted by Lindsay Joye, a resident of the Ventura neighborhood, on Oct 16, 2007 at 2:25 pm Sara was one of the nicest people at Palo Alto High School. She always made me smile, said nice things to cheer me up, and always was there for her friends and fellow classmates in high school. Receiving the news from a friend this morning about this tragic event and loss was... (Palo Alto Online, CA)
Chien: The New Atheism Sep 10, 2007
But she adds that it is never the sole cause of terrorism; rather religious motivations are interwoven with economic and political factors" and generally the "three R's": revenge, renown, and reaction. Take the London bombings of July 2005. According to the first, and plausible, claim of responsibility, the bombings were a response to British support of the US in Iraq and Afghanistan. The suspects had reportedly been moved by television coverage of civilians killed in Iraq. That... (Zmag.org)
Home-grown terrorists still on the job Aug 17, 2007
Jim jokes about the latest dumb criminal, but we have gotten away from serious consideration of the mens rea requirement for any criminal conviction, with sad consequences for our culture. I feel the same way about all dopers and speeders and immigrants. (Atlanta Journal-Constitution -- Opinion)
New Stock Option Fears in the Valley Aug 8, 2007
"This will set a tone that an executive can have mens rea "a guilty mind" even if he didn't personally line his own pockets," says George Stamboulidis, head of 's white-collar defense practice. That's important, as an element of the securities fraud, false statement and records falsification charges on which Reyes was convicted requires that the defendant understand that his or her actions were illegal. (BusinessWeek)
like the Republicians are getting the message, close the border and deport! I guess with 80% of Americans against illegal aliens, these guys sorta want to keep their jobs! More... Aug 1, 2007
" Strict liability crimes don't require a mens rea. Which makes it ironic that you're calling other people uneducated and ignornant. ". California Law Violations. (North County Times)
Judge Grills Prosecutors in First Stock Option Backdating Trial Jul 7, 2007
"What I want them to address is essentially the mens rea requirement under the law," Breyer said ... "In short form, I want to have some review of the evidence according to the prosecution of what is in the record showing the mens rea.". (Law.com)
Marty Lederman authors May 19, 2007
Mark Field:I believe advice from an attorney that your actions are lawful under FISA would go to negate the mens rea requirement that, under 50 USC 1809, requires the government to prove you acted intentionally in intercepting communications contrary to that statute ... Christopher said: I believe advice from an attorney that your actions are lawful under FISA would go to negate the mens rea requirement that, under 50 USC 1809, requires the government to prove you acted intentionally in... (Harper's Magazine)
Litigation Mounts Over Retail Chains' Data-Rich Sales Receipts May 17, 2007
In GEICO General Insurance Co. v. Edo, 06-100, the Court is being asked to reconcile the conflict among the circuits on the mens rea required to establish a willful violation. "If the Supreme Court says [the violation] has got to be intentional, the exposure is going to be much more limited, but I wouldn't be shocked if the Supreme Court takes the California approach to willfulness," Hoffman says. (Law.com)
Twelve victims of HIV bungle Apr 7, 2007
" National Association for People Living With AIDS spokesman Paul Kidd said that the vast majority of people living with HIV were taking every step possible to keep others free from the virus. Related Links Vote Now! Has the State Government responded quickly enough? Add your vote! Yes No Also in Home Font size: Send this article: Have your say Latest Comments: It is wrong to use the fear of HIV / AIDS as a political football as has been done by the ALP in the past and present as illustrated by... (NEWS.com.au)
Defense Lawyers Dismayed by 9th Circuit Ruling on Willful Ignorance Apr 3, 2007
"The majority creates a duty to investigate for drugs that appears nowhere in the text of the statute, transforming knowledge into a mens rea more closely akin to negligence or recklessness," she wrote. Such complaints about the Jewell standard are longstanding, said Rory Little, a professor at Hastings College of the Law. (Law.com)
New Iranian TV footage of captured servicemen 'unacceptable' Apr 3, 2007
" Mostly it is only you and Bill that indicate no guts. As I said before the US is under no obligation to release the terrorist they caught in the act of smuggling weapons. In the case of the 15 hostages it's really a moot point to argue for their release as Iran has shone in the past they will only release hostages when threatened wit credible force. If they want to have a confrontation with the US they need to keep up the bul@@@@ they are now posturing for the world. Seems to me the only... (Yahoo News -- Iran)
Driver in fatal wrong-way crash to be released Apr 1, 2007
Please educate yourselves wrote on March 31, 2007 10:18 PM:"Go to the courthouse at 315 St. Joseph St. on Monday and request to look in the file: State v. Daniel Neisent. Although there will not be transcripts, the agreement and conditons of his release will be filed in that file. You will find that the parties agreed that IMPACT through Behavior Management Systems will monitor Mr. Neisent 365 days a year, if he is released from the Human Services Center and only released after he is financially... (Rapid City Journal, SD)
A breather for 'corrupt' babus Feb 7, 2007
In a decision, aimed at buffering public servants from cops sniffing corruption, the GoM headed by Shivraj Patil has given its nod to scrap a section of the Prevention of Corruption Act defining "criminal misconduct", which the government felt did not take into account 'mens rea' (intent) of corruption. It has agreed to a proposal to delete Section 13(1)(d)III of the PCA. The government felt the clause could put decisions of senior bureaucrats involving "public and commercial interface" under... (India Times, India -- Community News)
