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"As Federal Crime List Grows, Threshold of Guilt Declines"



Important WSJ article about the decline of mens rea in federal criminal statutes, and the resulting havoc that can be wreaked on innocent citizens by empowered prosecutors. In the example of the responsible corporate officer doctrine, businessmen can be criminally charged for acts of their employees, even when neither the boss nor employee had criminal intent. (More: Corporate Counsel; FDA Law Blog; NYT]

Relatedly, the New York Times notes how the threat of overcharging can result in forcing citizens with legitimate claims of innocence to plea bargain.

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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.