Sentences with phrase «including mens rea»

The 260 - page book is available here through Jones McClure Publishing, and addresses the topics above and many others, including mens rea, entrapment and self - defense.

Not exact matches

Consider the sources from which Cook and his co-respondents (to include their raters) derive their funding, both in regard to this particular study and all past and ongoing financial returns, with an eye toward the strong possibility of criminal mens rea.

The statute on its face lacks a mens rea requirement, but that omission brings into play and is cured by another law that plainly satisfies the requirement laid down in Ferber that prohibitions on child pornography include some element of scienter.

Specific topics covered include the role of the prosecutor, defendant and justice of the peace; the presumption of innocence; proof beyond a reasonable doubt and findings of credibility; elements of an offence; guilty pleas to an offence charged or another offence; mens rea, strict liability and absolute liability offences; defences to regulatory charges, including due diligence, reasonable mistake of fact and officially induced error; trial procedure; presentation of evidence; rules of evidence; the voir dire; dealing with the unrepresented defendant; Charter applications; access to justice issues; paralegals and lawyers in the courtroom; requests for a bilingual trial; articulating reasons for judgment; delivery of a judgment; sentencing; and trials of young persons.

Thus, Congress, not the Secretary, established the mens rea by including the term «knowingly» in the criminal penalty provisions of HIPAA.