Comments on: “Morally Innocent, Legally Guilty: The Case for Mens Rea Reform”

By: SPO

SPO — Fri, 13 Oct 2017 15:22:02 +0000

The other problem–this is the power of the state we are talking about. People do have the moral right to resist.

By: MattS

MattS — Thu, 12 Oct 2017 22:18:05 +0000

In reply to Boblipton.

“However, if the laws were enforced against the lawmakers, would they not overturn the laws,”

No, they could just write themselves and exemption to the law rather than overturning it for everyone.

By: MattS

MattS — Thu, 12 Oct 2017 20:31:04 +0000

“Let us not forget prosecutorial discretion (including by regulators, in this case), without which all laws would be evenly enforced, including against the lawmakers.”

This is simply not true.

1. There are more than a few laws from which Congress has explicitly exempted itself or the federal government as a whole.

2. Even without discretion, there are too many laws for all to be enforced in all cases. The government simply doesn’t have sufficient resources, and never will without significant pruning of the criminal code.

By: Boblipton

Boblipton — Thu, 12 Oct 2017 20:05:08 +0000

In reply to ras.

However, if the laws were enforced against the lawmakers, would they not overturn the laws, which would reduce the power of the prosecutors by lessening their opportunities for prosecutorial discretion? It is only by using their discretion to not prosecution lawmakers that they maintain this power, which is, of course, the basis of all justice.

It will only be when everything is illegal — but prosecutors will not enforce those laws against the powerful — that perfect justice shall be achieved. Just ask Harvey Weinstein.

Bob

By: ras

ras — Thu, 12 Oct 2017 18:46:49 +0000

Let us not forget prosecutorial discretion (including by regulators, in this case), without which all laws would be evenly enforced, including against the lawmakers. Even-handed enforcement would be the quickest way to spur reform.

By: cc

cc — Thu, 12 Oct 2017 15:20:30 +0000

Some examples of the need for this:
A person picks up some feathers and is guilty of violating the migratory bird treaty, since one may not possess feathers (even if found on the ground) or the endangered species act if they are eagle feathers
A person makes a pet out of a squirrel–illegal but no one knows that (state level law)
A small business grants the request by an employee to work through lunch and leave early–labor law violation.
Paperwork violations for tax law