CUNY Bronx Community College Application of Men Rea in Legal Cases Discussion

Wnlwnl121

Law

CUNY Bronx Community College

Question Description

I'm working on a criminal justice multi-part question and need a sample draft to help me study.

For this paper you will be exploring a concept in criminal law. You will explain what the legal concept is, discuss its case history using at least TWO Supreme Court cases to illustrate, and you will explain its significance for today.1 Your paper should use direct quotations and citations. You should cite at least one reliable source in addition to the O’Brien text. Your paper should be precise, detailed, accurate, well-organized and edited. 

Topic Choices 

? Criminalization 

? Governmental authority to regulate behavior.

? Model Penal Codes (incl. of NJ) 

? Mens Rea 

? Actus Reus 


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Explanation & Answer

View attached explanation and answer. Let me know if you have any questions.i have used direct quotes, the plagiarism % is a little high

1

Application of Mens Rea in Legal Cases OUTLINE

Student’s Name
Institution
Course’s Name
Instructor’s Name
Date

2
1. Legal Concept: Mens Rea
A. Mens Rea is a legal concept under focus in this paper.
B. Mens Rea is a Latin word that means “guilty mind”.
C. In mens rea, mental states are invoked to protect defendants with mental health problems
from being wrongfully convicted.
D. To obtain a conviction, a lawyer representing the plaintiff must justify that the defendant
had some willingness or intention to commit a murder.
2. Case History
a. Case 1
A. In the case, Staples v. the United States, 511 US 600 (1994), the Supreme Court of the
U.S ruled that “Offenses that require no mens rea generally are disfavored. Some
indication of congressional intent, express or implied, is required to dispense with mens
rea as an element of a crime.”
B. Staples v. the United States, 511 US 600 (1994) arose after agents representing the
Bureau of Alcohol, Tobacco and Firearms conducted a successful search warrant at
Staples’s home and found that Staples owned an automatic, modified, AR-15 that was
unregistered.
C. The Supreme Court held that “It was unthinkable that Congress intended to subject wellintentioned, law-abiding citizens to imprisonment terms if they reasonably and genuinely
believed was a traditional semi-automatic rifle secretly converted or modified to be a
fully automatic rifle.”
b. Case 2
A. In the case, Rehaif v. the United States, the Supreme Court ruled that “when a person is
charged with possessing a gun while prohibited from doing so under 18 U.S.C. § 922(g),
the prosecution must prove both that the accused knew that they possessed a gun and that
they knew they held the relevant status.”
B. Rehaif v. the United States arose when an employee working at a hotel reported Rehaif
for acting suspiciously.
C. The Supreme Court on June 21, 2019, held that “to convict an individual of unlawful
possession of a firearm, prosecutors must prove the individual knew they possessed a
firearm and knew that they were barred from doing so.”
3. Significance for Today
A. The development in mens rea...

gbgb (18472)
New York University

Anonymous
Very useful material for studying!

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