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 self-control of unregistered hand grenades in violation of a national law that do it made it unlawful for anyone to receive or possess a while which is non registered to him. Freed claimed that he did non know of the cartel to register the hand grenades and therefore did not have the needed specific intent to possess the unregistered weapons. The district courtroom dismissed the indictments on the grounds that the blow to allege scienter for the crime was vile of due make and the government appealed. bring out: Is a statute that imposes criminal obligation for obstinance of unregistered weapons, without regard to whether a defendant knew of the fate to register, unconstitutional for deficiency of due process? Holding and rear (Douglass): No. The annoyance of criminal liability for possession of unregistered weapons, withou t 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 approximation that possession of hand grenades in itself is not a safe, vindicated 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 e xperience that he possessed the unregistered! hand grenades is sufficient to body forth 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 legislate Congressional intent is requisite to discard the mens rea requirement. I trust it is reasonable to...If you want to abide a full essay, order it on our website: BestEssayCheap.com

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