Saturday, March 19, 2016

Three Ways Congressional Mens Rea Proposals Could Allow White Collar Criminals to Escape Prosecution

https://www.americanprogress.org/issues/criminal-justice/report/2016/03/11/133113/three-ways-congressional-mens-rea-proposals-could-allow-white-collar-criminals-to-escape-prosecution/
"To prosecute a federal crime successfully under the new default standard, prosecutors would have to prove that defendants actually knew or should have known that a certain action was prohibited by law. This overturns the age-old maxim that ignorance of the law is no excuse for breaking it. Corporate executives would have an incentive to remain ignorant of certain company practices and the laws and regulations that apply to them in order to maintain a plausible defense."

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