(Download) "After Chicone: Blasting the Bedrock of the Criminal Law" by Florida Bar Journal ~ Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: After Chicone: Blasting the Bedrock of the Criminal Law
• Author : Florida Bar Journal
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

In Chicone v. State, 684 So. 2d 736 (Fla. 1996), the Florida Supreme Court recited a bedrock principle of criminal law. Mens rea is the rule of, rather than the exception to, the principles of Anglo-American criminal jurisprudence. (1) In other words, mens rea, or guilty mind, is a defining characteristic of criminal conduct. Criminal offenses that require no mens rea are generally disfavored. Some indication of legislative intent, express or implied, is required to dispense with mens rea as an element of a crime. (2) This article notes that criminal offenses lacking mens rea are not unconstitutional per se, but concludes that such offenses must be regarded as strict liability or public welfare offenses and may not be punished as felonies. Jerry Jay Chicone III, was convicted of, inter alia, the third degree felony of possession of cocaine. He argued, inter alia, that the trial court erred in refusing to instruct the jury that the state must prove the mens rea element of knowledge of the illicit nature of the substance. The Florida Supreme Court agreed with Chicone, holding that the trial court erred in failing to instruct the jury that the state must prove that the defendant had knowledge of the illicit nature of the substance, thus, satisfying the mens rea requirement of the criminal law.

Books Free Download "After Chicone: Blasting the Bedrock of the Criminal Law" PDF ePub Kindle