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Decarceration And Default Mental States, Benjamin Levin
Decarceration And Default Mental States, Benjamin Levin
Scholarship@WashULaw
This Essay, presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at ASU’s Sandra Day O’Connor College of Law, examines the politics of federal mens rea reform legislation. I argue that current mens rea policy debates reflect an overly narrow vision of criminal justice reform. Therefore, I suggest an alternative frame through which to view mens rea reform efforts—a frame that resonates with radical structural critiques that have gained ground among activists and academics. Common arguments for and against mens rea reform reflect a belief that the problem with the criminal system is one of …