Does the presumption of reasonable doubt apply where the statute does not specify the mens rea required for a criminal offence?
MultiRegion, United States of America
The following excerpt is from United States v. Woodberry, 987 F.3d 1231 (9th Cir. 2021):
We recently observed that this presumption applies where a criminal statute is "entirely silent on the mens rea required for a criminal offense," particularly "when a different reading would have the effect of criminalizing a broad range of apparently innocent conduct. " United States v. Collazo , 984 F.3d 1308, 1324 (9th Cir. 2021) (en banc) (quoting United States v. X-Citement Video , 513 U.S. 64, 71, 115 S.Ct. 464, 130 L.Ed.2d 372 (1994) ). That is not the case here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Does a criminal presumption under Section 1201(b) of the Criminal Code need to satisfy a "reasonable doubt" standard? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for determining whether there are two offences, one offence and one offence, under Section 304 of the Criminal Code? (MultiRegion, United States of America)
If a criminal offence requires only general criminal intent, can evidence of specific intent or knowledge be obtained under Rule 404(b)? (MultiRegion, United States of America)
How has reasonable doubt been interpreted by courts in defining reasonable doubt? (MultiRegion, United States of America)
Can an accused who otherwise satisfies the requirements of the offence under s. 88(1) of the Criminal Code be excused from criminal liability where the possession of a weapon is necessary for defending himself? (Canada (Federal), Canada)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Does Section 1326(b) create a criminal offence separate from the criminal offence? (MultiRegion, United States of America)
