[Download] "Applying the Presumption of Mens Rea to a Sentencing Factor: Does 18 U.S.C. (Section) 924(C) (1) (A) (Iii) Penalize the Accidental Discharge of a Firearm?" by Suffolk University Law Review ~ eBook PDF Kindle ePub Free
eBook details
- Title: Applying the Presumption of Mens Rea to a Sentencing Factor: Does 18 U.S.C. (Section) 924(C) (1) (A) (Iii) Penalize the Accidental Discharge of a Firearm?
- Author : Suffolk University Law Review
- Release Date : January 22, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 377 KB
Description
"The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil. A relation between some mental element and punishment for a harmful act is almost as instinctive as the child's familiar exculpatory 'But I didn't mean to,' and has afforded the rational basis for a tardy and unfinished substitution of deterrence and reformation in place of retaliation and vengeance as the motivation for public prosecution." (1) I. INTRODUCTION
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