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 defendants were indicted for will power of unregistered hand grenades in violation of a national official law that do it made it unlawful for anyone to receive or possess a spell which is non registered to him. Freed claimed that he did non know of the tariff to register the hand grenades and therefore did not have the ask specific intent to possess the unregistered weapons. The district courtyard dismissed the indictments on the grounds that the blow to allege scienter for the crime was vile of due make and the government appealed. final result: Is a statute that imposes criminal obligation for pigheadedness of unregistered weapons, without regard to whether a defendant knew of the fate to register, unconstitutional for lose of due process? Holding and format (Douglass): No. The guile of criminal liability for possession of unregistered weapons, with out regard to whether a defendant knew of the requirement to register, is not violative of due process. The federal law in question prohibits an single(a) from receiving or possessing a firearm not registered to him.

This statute is a regulatory measure made in the interest of normal safety and is premised on the subject that possession of hand grenades in itself is not a safe, sinless activity. A reasonable psyche 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 friendship that he possessed the unregistered hand grenades is sufficient to! check a conviction. Disposition: Reversed. agree (Brennan): The mens rea requirement is a rule, kinda than an exception, to Anglo-American law. This requirement is universal and mulish and is generally required. A go on Congressional intent is requisite to discard the mens rea requirement. I entail it is reasonable to...If you want to abide a full essay, order it on our website: BestEssayCheap.com

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