U.S. v. Cordoba-Hincapie
District Court EDNY - 1993
Facts:
Procedural History:
Issues:
- Does an act make the actor guilty if the mind is not guilty, i.e., if the intent is not criminal?
- Is criminal liability allowed to attach to a D's conduct involving minor violations of public welfare law without regard to fault?
Holding/Rule:
- An act does not make the actor guilty if the mind is not guilty, i.e., if the intent is not criminal.
- Criminal liability is allowed to attach to a D's conduct involving minor violations of public welfare law without regard to fault.
Reasoning:
- This is a central part of the doctrine of criminal responsibility and is deeply rooted in our legal tradition.
- There is a narrow exception to the requirement of mens rea for cases involving minor violations.
- If the punishment of the D far outweighs regulation of the social order in question, mens rea should be required.
- If the penalty is light, no imprisonment, mens rea is probably not required.
Dissent:
Notes:
- Broad mens rea means any morally blameworthy state of mind.
- Narrow mens rea means a mental state expressly required in the definition of an offense.
