3 ms·
I could be wrong but I think mens rea can encompass acting recklessly or acting negligently, not just acting purposely. An example of something people have been
by jupiter90000 9y ago
I could be wrong but I think mens rea can encompass acting recklessly or acting negligently, not just acting purposely. An example of something people have been convicted of that may fall there is involuntary manslaughter.
Edit: see also willful blindness.
https://en.m.wikipedia.org/wiki/Willful_blindness#Precedent_in_the_United_States https://en.m.wikipedia.org/wiki/Willful_blindness#Precedent_...
A famous example of such a defense being denied occurred in In re Aimster Copyright Litigation, in which the defendants argued that the file-swapping technology was designed in such a way that they had no way of monitoring the content of swapped files. They suggested that their inability to monitor the activities of users meant that they could not be contributing to copyright infringement by the users. The court held that this was willful blindness on the defendant's part and would not constitute a defense to a claim of contributory infringement.
It would seem ridiculous for courts to start charging e-mail providers, for example, as facilitating sex trafficking though, even if they must suspect their services are used for such activity. I wonder how it will play out.