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Bringing Coherence to Mens Rea Analysis for Securities-Related Offenses

The drafters of the Model Penal Code understood the importance of clear mens rea requirements in the criminal law and created a flexible yet clear framework for drafting and interpreting these requirements in criminal statutes. However, federal lawmakers have declined to adopt MPC standards, and this article argues that the result has been chaotic and unpredictable federal jurisprudence with respect to securities-related criminal offenses. Michael L. Seigel suggests how the mens rea requirements of federal securities law might be interpreted in light of the MPC framework and proposes that Congress act to clarify this area of federal law.

Michael L. Seigel, 2006 Wis. L. Rev. 1563

 

 

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