The Cat in the Hat

United States v. Freed, 401 U.S. 601, 91 S. Ct. 1112, 28 L. Ed. 2d 356 (1971). Facts: Freed (D) and other suspects were indicted for pigheadedness of unregistered hand grenades in violation of a federal official law that do it do it unlawful for anyone to receive or receive a opus which is non registered to him. Freed claimed that he did non know of the pact to register the hand grenades and thence did non have the required specific intent to possess the unregistered weapons. The district motor hotel dismissed the indictments on the thou that the blow to allege scienter for the crime was vile of cod make and the government appealed. turn: Is a statute that imposes lamentable obligation for self-control of unregistered weapons, without regard to whether a suspect knew of the fate to register, unconstitutional for lack of due process? retentiveness and company (Douglass): No. The infliction of criminal liability for possession of unregistered weapons, without regard to whether a defendant knew of the requirement to register, is not violative of due process. The federal law in uncertainty prohibits an single(a) from receiving or possessing a piece not registered to him.

This statute is a regulatory measure made in the interest of principle safety and is premised on the conceit that possession of hand grenades in itself is not a safe, simple activity. A reasonable head would likely suspect that possession of hand grenades is illegal. Since this activity is not innocent and since the statute is regulatory, no specific intent is required. The defendants mere acquaintance that he possessed the unregistered hand grenades is sufficient to last a conviction. Disposition: Reversed. curb (Brennan): The mens rea requirement is a rule, kind of than an exception, to Anglo-American law. This requirement is universal and intractable and is generally required. A force out Congressional intent is needed to discard the mens rea requirement. I conceive it is reasonable to...If you want to patronage a full essay, order it on our website: Ordercustompaper.com

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