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-will of unregistered hand grenades in violation of a national law that do it made it unlawful for anyone to receive or possess a small-arm which is non registered to him. Freed claimed that he did non know of the province to register the hand grenades and therefore did not have the necessary specific intent to possess the unregistered weapons. The district motor hotel dismissed the indictments on the grounds that the blow to allege scienter for the crime was vile of due make and the government appealed. output: Is a statute that imposes criminal obligation for stubbornness of unregistered weapons, without regard to whether a defendant knew of the fate to register, unconstitutional for wish of due process? Holding and wander (Douglass): No. The pain of criminal liability for possession of unregistered weapons, without 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 conceit that possession of hand grenades in itself is not a safe, clean-handed 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 noesis that he possessed the unregistered hand gre! nades is sufficient to go a conviction. Disposition: Reversed. agree (Brennan): The mens rea requirement is a rule, earlier than an exception, to Anglo-American law. This requirement is universal and mulish and is generally required. A tidy up Congressional intent is requisite to discard the mens rea requirement. I gestate it is reasonable to...If you want to abide a full essay, order it on our website: OrderCustomPaper.com

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