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Criminal Law

1999

Vanderbilt University Law School

Criminal law

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Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble Mar 1999

Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble

Vanderbilt Law Review

"When I use a word.., it means just what I choose it to mean-neither more nor less.", This statement by Humpty Dumpty sets forth the argument of this Note: words used to describe mens rea in federal criminal statutes have plain, ordinary meanings. When the United States Supreme Court interprets these statutes, it should do so according to the words' plain meanings. Because the Court has not used this approach in past cases, the law of mens rea on the federal level is confusing and inconsistent.

The Court has tried to repair poorly drafted statutes by interpreting them in various …