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Well, I'll counter that "Mens rea" is a legal traditional just as old, because lawmakers even thousands of years ago understood the injustice of punishing peopl
by bpodgursky 6y ago
Well, I'll counter that "Mens rea" is a legal traditional just as old, because lawmakers even thousands of years ago understood the injustice of punishing people for actions they could not reasonably know were crimes.
https://en.wikipedia.org/wiki/Mens_rea https://en.wikipedia.org/wiki/Mens_rea
- peteretep 6y agoExactly, as mentioned by the order itself, which also takes in strict liability crimes and sets a posture that they should be as limited as possible.
- TheCoelacanth 6y agoMens rea doesn't require that you know that the thing you are doing is illegal. It only requires that you know you are doing the thing.
- tony101 6y agoDepends on how the law is written. Some (but not all) statutes require prosecution to show that defendant knew it was illegal.