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 stubbornness of unregistered hand grenades in violation of a national law that make it made it unlawful for anyone to receive or possess a objet dart which is non registered to him. Freed claimed that he did non know of the liability to register the hand grenades and therefore did not have the needful specific intent to possess the unregistered weapons. The district homage dismissed the indictments on the grounds that the blow to allege scienter for the crime was vile of due make and the government appealed. cope: Is a statute that imposes criminal obligation for willpower of unregistered weapons, without regard to whether a defendant knew of the fate to register, unconstitutional for pretermit of due process? Holding and localise (Douglass): No. The pain of criminal liability for possession of unregistered weapons, without r egard to whether a defendant knew of the requirement to register, is not violative of due process. The national 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 creative hypothesizeer that possession of hand grenades in itself is not a safe, unsophisticated 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 fellowship that he possessed t! he unregistered hand grenades is sufficient to endure a conviction. Disposition: Reversed. agree (Brennan): The mens rea requirement is a rule, kinda than an exception, to Anglo-American law. This requirement is universal and mulish and is generally required. A calorie-free Congressional intent is requisite to discard the mens rea requirement. I think it is reasonable to...If you want to abide a full essay, order it on our website: OrderCustomPaper.com

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