while the mens rea
analysis does present challenges on the Internet,
(152) Yet this focus is understandable and necessary in the context of mens rea
. Mens rea
requires the jury to examine the defendant's perspective and the facts available to him and determine whether he had a specific mental state as to nonconsent.
In addressing the confluence of technology and intent, it is helpful to provide context by considering the historical view of mens rea
in criminal law, how that view has evolved, and the current landscape with respect to mens rea
and the First Amendment in light of the June 2015 Elonis ruling.
The conservative solution to the over-criminalization problem is to pass legislation that would insert a new definition of "knowledge" into any provision of law that happens to omit an explicit standard for the mens rea
part of the prosecutor's burden of proof.
proposed an amendment to the bill that would eliminate the mens rea
I am of the view that the mens rea
requirement of 'knowingly and wilfully' does apply to those various types of conduct listed under Rule 77 and forms part of the specific intent."
The sticking point is organizational mens rea
: Professor Donald Langevoort recently described corporate scienter as "one of the greatly under-theorized subjects in all of securities litigation" (2)
Neither act had both elements; mens rea
and actus reus.
operates as a tricky issue of proof in many cases and when dealing with many statutes.
She covers mens rea
: US sentencing guidelines; entity liability; perjury, false statements, and false claims; obstruction of justice; mail and wire fraud; public corruption; securities fraud; conspiracy; the Racketeer Influences and Corruption Organization Act (RICO); money laundering; grand jury; discover; Fifth Amendment: testimony and immunity, and documents and tangible objects; the attorney-client privilege and the work product doctrine for a corporate setting; representation issue; plea bargaining and cooperation agreements; parallel proceedings; and extra-territorial application of federal criminal law.
But while Medeiros possessed the mens rea
to commit a probation violation, Wendlandt said she and Milkey believe the Commonwealth had not demonstrated the actus reus necessary to make out a violation.