The Cat in the Hat

United States v. Freed, 401 U.S. 601, 91 S. Ct. 1112, 28 L. Ed. 2d 356 (1971). Facts: Freed (D) and other defendants were indicted for self-denial of unregistered hand grenades in violation of a national law that do it made it unlawful for anyone to receive or possess a patch which is non registered to him. Freed claimed that he did non know of the certificate of indebtedness to register the hand grenades and therefore did not have the demand specific intent to possess the unregistered weapons. The district flirt dismissed the indictments on the grounds that the blow to allege scienter for the crime was vile of due make and the government appealed. skip: Is a statute that imposes criminal obligation for self-possession of unregistered weapons, without regard to whether a defendant knew of the fate to register, unconstitutional for insufficiency of due process? Holding and nine (Douglass): No. The finesse of criminal liability for possession of unregistere d weapons, without regard to whether a defendant knew of the requirement to register, is not violative of due process. The federal law in question prohibits an single(a) from receiving or possessing a firearm not registered to him.

This statute is a regulatory measure made in the interest of normal safety and is premised on the intellect that possession of hand grenades in itself is not a safe, inexperienced person activity. A reasonable psyche would likely suspect that possession of hand grenades is illegal. Since this activity is not innocent and since the statute is regulatory, no specific intent is required. The def endants mere companionship that he possesse! d the unregistered hand grenades is sufficient to keep going a conviction. Disposition: Reversed. agree (Brennan): The mens rea requirement is a rule, kind of than an exception, to Anglo-American law. This requirement is universal and mulish and is generally required. A put down Congressional intent is requisite to discard the mens rea requirement. I find it is reasonable to...If you want to abide a full essay, order it on our website: OrderCustomPaper.com

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