"The public understanding of what is and is not a crime has eroded over time. The common law was clear: a crime requires the union of a prohibited act or actus reus and a guilty mind or mens rea. Increasingly, however, 'strict liability' offenses requiring no proof of a mens rea are becoming more common. This article briefly reviews this development and proposals for addressing the trend at the state level."Wisconsin is discussed beginning at page 77.
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Section Public Policy Positions
Friday, September 14, 2012
Mens Rea and State Crimes
This White Paper by John S. Baker, Jr., was recently posted at the national Federalist Society site.