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 stubbornness of unregistered hand grenades in violation of a federal official law that do it made it unlawful for anyone to receive or possess a bit which is non registered to him. Freed claimed that he did non know of the agreement to register the hand grenades and therefore did not have the take specific intent to possess the unregistered weapons. The district judgeship dismissed the indictments on the grounds that the blow to allege scienter for the crime was vile of due make and the government appealed. protrude: Is a statute that imposes criminal obligation for self-discipline of unregistered weapons, without regard to whether a defendant knew of the fate to register, unconstitutional for need of due process? Holding and swan (Douglass): No. The trickery of criminal liability for possession of unregistered weapons, wi thout 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 theme that possession of hand grenades in itself is not a safe, bleak 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 experience that he possessed the unregistered hand gre! nades is sufficient to continue a conviction. Disposition: Reversed. agree (Brennan): The mens rea requirement is a rule, rather than an exception, to Anglo-American law. This requirement is universal and mulish and is generally required. A realise Congressional intent is requisite to discard the mens rea requirement. I say it is reasonable to...If you want to abide a full essay, order it on our website: BestEssayCheap.com

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