Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



Is mens rea constitutionally required? Shelton v. Department of Corrections

Harvey Silverglate celebrates a Florida federal district-court ruling invalidating a state drug law as unconstitutional for lack of a mens rea requirement, but I'm less optimistic than he is that it will have long-term meaning: this is just a single trial judge and, while the U.S. Supreme Court has been skeptical of legislative overcriminalization, they haven't given any sign that they would be anywhere nearly as aggressive as this decision was. But I'll be happy if Silverglate is right.

Related Entries:



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.