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Full-Text Articles in Law
Bringing Coherence To Mens Rea Analysis For Securities-Related Offenses, Michael L. Seigel
Bringing Coherence To Mens Rea Analysis For Securities-Related Offenses, Michael L. Seigel
Michael L Seigel
This Article has demonstrated that the failure of commentators and the courts to tackle mens rea analysis head-on has resulted in lasting incoherence in the law. Unintelligible legal doctrine does not simply upset individuals who strive for elegant solutions to legal problems; it also exacts a huge, real-life toll. Juries faced with incoherent legal instructions are likely to become disillusioned about the justice system. Citizens receive inadequate guidance as to acceptable and unacceptable behavior, hampering deterrence -- particularly in the securities-law arena, where one presumably finds mostly rational actors who would be deterred by clear legal rules. Securities regulation is …
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Blameworthiness, Intent And Cultural Dissonance, Nancy Kim
Nancy Kim
Criminal law assumes that the judge and jury share the same cultural and experiential framework as the defendant; accordingly, crimes are defined with this assumption as an underlying premise. In this article, I will explain how the determination of mens rea often fails to reflect culpability because the definition of crimes fail to account for the cultural dissonance that often exists between the judge/juror and the accused. In this Article, I propose an analysis and reconceptualization of intent that bridges gaps in perception and understanding attributable to cultural dissonance.