RETHINKING THE PRESUMPTION OF MENS REA.

Research output: Contribution to journalArticlepeer-review

Abstract

The article argues that the Model Penal Code (MPC), a statutory text developed by the American Law Institute (ALI), drafters were wrong in assuming that elements require the assignment of a mental state. It cites shortcomings of the model penal code approach. It also presents the opinion by Justice Stevens regarding the U.S. Supreme Court were wrong in assuming that elements.
Original languageEnglish (US)
Pages (from-to)769-797
Number of pages29
JournalWake Forest law review
Volume47
Issue number4
StatePublished - Nov 1 2012

Keywords

  • Law -- Interpretation & construction
  • Statutory remedies
  • Criminal intent
  • Judgments (Law)
  • American Law Institute
  • United States. Supreme Court

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