LAW 140 Chapter Notes - Chapter Chapter 3: Welfare, Mens Rea, Social Stigma
Document Summary
Offenses lacking a mr element are generally disfavored and w/r/t crimes originating in common law, an interpretative presumption exists that mr is required. Determining if a statute is sl: morisette rule: silence as to mens rea not automatically signify disapproval of the principle. Intent so inherent in cl that it requires no statutory affirmation. a. i. By adopting cl crimes/terms, it presumably knows and adopts the ideas attached ot each borrowed words such as requirement of mr a. ii. The statutory crime is not derived from common law it is a new offense c. ii. There is an evident legislative policy that would be undermined by a mr requirement c. iii. Penalty for violation of the provision is small c. iv. Sl element only goes to grading (already a crime, just makes it more serious) c. v. c. vi. No drastic social stigma associated with violation c. viii. More modern regulatory schemes providing for public health, welfare, Often no actual harm, but danger of harm.
