Crime or mistake? Why is the intention in the law important

Imagine you were convicted of a crime – not because you intended to break the law, but simply because what you did was unwittingly illegal. This is the problem with which we are confronted Men Rea (Latin for “feeling of guilt”) is increasingly ignored or watered down in our federal laws.

Without clear men's standards ,, Innocent people can be punished for random or technical violations of the law. In addition, the lack of intentions requires Prosecutors unbridled discretionwhich can lead to politically motivated or unfair charges.

Criminal law has always rely on a simple formula: Men Rea (Intent) + Actus Reus (action) = crime. But today many laws are written or interpreted without clear intentions, which means that people can be pursued by criminal law that are based exclusively on their actions, even if they never wanted to go wrong. While some crimes deliberately give up men, this is mostly the exception. The unintentional explosion of laws without intent is an error that can and should be remedied.

This erosion of the REA protection for men also drives Criminalization And Inconsistent law enforcement.

Since the Federal Criminal Code continues to expand, the intentions requirements are always vague and some disappear as a whole. With too many laws from the government and the weak men's REE, which can and has to lead to comprehensive and inconsistent punishments and convicts.

The US Congress has the opportunity to ensure consistency and fairness through the creation A Standard -Rea -Rea standard To close the gaps in which the requirements of intentions are missing in the federal laws. These reforms would not weaken public security. Criminals would still be caught, charged and convicted. MenRee reforms would only ensure that the government is held on to the task if the loss of freedom is at stake.

It is time to make men REA reform a priority. Read our full report to learn more about why intention is important in the criminal justice system.