Guilty Mind + Environ Crimes Flashcards
Balint facts
B found guilty for distributing medical opiate derivatives without right paperwork. Claimed didn’t know drugs covered under Narcotics Act
Balint statute
unlawful for any person to sell, give away any of the aforesaid drugs except in pursuance of a written order
Balint holding
B did not need to know he was violating the law
Balint reasoning
(1) statute didn’t have mens rea so Court applied SL
(2) in pursuance of public policy, specific acts don’t require knowledge element
(3) if in the drug selling business should look up law and make sure you are complying
Freed facts
F had unregistered hand grenades. Said no proof he knew unregistered
Freed statute
Unlawful to possess a firearm not registered to him
Freed holding
It is a general intent crime and therefore ignorance of the law no excuse
Freed reasoning
(1) doesn’t matter if he didn’t know they were unregistered all that is relevant is that he intended to take possession of the hand grenades
(2) Regulatory measure to promote public welfare
(3) possessing dangerous object should put someone on notice that they might commit a crime due to an error
(4) mens rea required in specific intent crimes but not in general intent
How is Freed different from Morissette
stealing common law crime NOT public welfare offense
Problem with Freed
CA prohibits hand grenade regardless of registration so is forcing him to register forcing to self-incriminate violating the 5A?
Morissette Factors for Public Welfare Offense
(1) seeks to protect public health, safety and welfare
(2) punish negligence/omissions
(3) addresses risk of injury vs. actual injury
(4) whether penalties big vs. small
(5) whether stigma attached to conviction
(6) whether law creates new crime or adopts CL crime
Public welfare offense is a ____ so should still ___
narrow carveout, presume mens rea
If law criminalizing something bad in itself, it probably ___
requires mens rea
If law punishes omissions/negligence, it is likely a ___
strict liability crime
If law addresses the risk of injury, probably a ___
strict liability
If penalties are ___ more likely to be SL
small
IMCC facts
IMCC transports acid around US but do not document it properly
IMCC Statute
whoever knowingly violates a regulation for safe transportation can be imprisoned
IMCC statute says each shipper offering for transportation any hazardous material shall ___
describe that article on the shipping paper
IMCC holding
Can be convicted of violating this law without knowing it exists
IMCC reasoning
Knowingly requires knowledge of circumstances leading to violating but NOT knowledge of law itself