Criminal Law
Mental states
5 case briefs on mental states in Criminal Law, each with the citation in the book’s form. All Criminal Law briefs
Morissette v. United States
Morissette v. United States, 342 U.S. 246 (1952).
Does the omission of express mention of criminal intent from a federal statute codifying common-law theft offenses eliminate the requirement of mens rea (an evil purpose or mental culpability) for the offense of knowingly converting government property?
Supreme Court of the United States
Lambert v. California
Lambert v. California, 355 U.S. 225 (1957).
Does a municipal registration ordinance that punishes a person for wholly passive failure to register violate Fourteenth Amendment due process when applied to someone who had no actual knowledge of the duty to register and where no showing was made of the probability of such knowledge?
Supreme Court of the United States
United States v. Jewell
United States v. Jewell, 532 F.2d 697 (9th Cir. 1976).
Does the statutory requirement that a defendant act knowingly require proof of positive knowledge, or is it satisfied by proof beyond a reasonable doubt that the defendant was aware of a high probability that contraband was present and consciously avoided learning the truth?
United States Court of Appeals for the Ninth Circuit
United States v. Balint
United States v. Balint, 258 U.S. 250 (1922).
Must an indictment under section 2 of the Narcotic Act charge that the defendant knew the drug he sold was an opium or coca derivative, even though the statute does not make knowledge an element?
Supreme Court of the United States
People v. Conley
People v. Conley, 543 N.E.2d 138 (Ill. App. Ct. 1989).
Did the State prove beyond a reasonable doubt that Sean O'Connell suffered a permanent disability within the aggravated battery statute, even though no one testified to any task he could no longer perform?
Illinois Appellate Court