CRM/LAW C144 Chapter Notes - Chapter HUMANITARIAN LAW PROJECT, ROBERTS, and CAMPBELL: Humanitarian Law Project, Actus Reus, Mens Rea

• School: UC-Irvine
• Department: Criminology, Law and Society
• Course: CRM/LAW C144
• Professor: Meeker

Document Summary

Challengers to the law hoped to convince the court to read into the statute a heightened mens rea standard based on their view that the actus reus required by the statute was not, in fact, sufficiently stringent. The court rejected the argument that the material support statute should be read to require a specific intent to further the illegal ends of an fto in order to satisfy due process. The court concluded that congress clearly selected knowledge to of the organization"s connection to terrorism as the relevant mens rea standard. That reading posed no constitutional vagueness problems, according to the court, even when it applied to the kinds of acts at issue in the case. The court also rejected the argument that congress could not, consistent with the first. That judgment, however, is entitled to significant weight. Underlying facts, the actual crime that took place.