4 ms·
The law is quite complex. The specific things they were charging her for had a Mens Rea component, or in other words the intent to do wrong. Other things that
by Guvante 10y ago
The law is quite complex. The specific things they were charging her for had a Mens Rea component, or in other words the intent to do wrong.
Other things that you can do are strict liability (or no Mens Rea component). The simplest example is speeding, which can be a criminal charge without a Mens Rea test.
Also note that many civil things don't require a Mens Rea test either, such as tax dodging.
- adam12 10y agoWhat about the crime of "gross negligence" in the Espionage Act?
- zzalpha 10y agoSimple: The FBI didn't find Clinton guilty of gross negligence. Just regular ol' run-of-the-mill negligence (the word "gross" is in there for a reason... it's not just flowery language). Unfortunately, at this point whether or not you believe in the ruling becomes a matter of faith.
- adam12 10y agoTo me "extremely careless" is the same as "gross negligence", but I guess that doesn't matter.
- jsprogrammer 10y ago"extremely careless" was the description. I don't think it was explained how that is different from "grossly negligent", other than the characters used.