Mens rea reform needed to combat federal overcriminalization
Over the past few decades, there has been a proliferation of criminal statutes and regulations carrying criminal penalties at the federal level. As Congress debates criminal justice reform, mens rea reform should be on the table.
For years, Sen. Orrin Hatch, R-Utah, has introduced and called for legislation to require federal criminal laws and regulations to include a mens rea requirement for prosecution.
Mens rea, Latin for “guilty mind,” deals with the mindset of a person accused o
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