Criminal Punishment Requires Culpability and Fair Notice
Rationale and Summary of Methodology
- Rationale for the Study of the Legislative Process
- Summary of Methodology
Mens Rea Data Analysis, Calculations, and Findings
- Mens Rea Category Totals
- A Study of Each Mens Rea Category Through Example Offenses
- The Reliance on Judiciary Committee Oversight
- Identifying the Effect of Congressional Actions on Mens Rea Requirements
- The Regulatory Criminalization Problem
Conclusions on the Legislative Process
- Mens Rea Requirements Are Inadequate at Every Step of the Legislative Process
- The Judiciary Committees Are Frequently Afforded No or Inadequate Opportunities for Oversight of Criminal Offenses
- The Proliferation of Federal Criminal Law Continues
- Poor Legislative Draftsmanship Is Commonplace
- Congress Regularly and Inappropriately Delegates Criminal Lawmaking Authority
Ending the Trend: Federal Criminal Law Reforms
- Enact Default Mens Rea Rules
- Codify the Common-Law Rule of Lenity
- Require Sequential Referral to the Judiciary Committees
- Require Reporting on All New Federal Criminalization
- Focus on Clear and Careful Draftsmanship
The Mens Rea Analysis
- The Studied Offenses Defined
- Counting the Studied Offenses
- Offense Interpretation
- Categorizing the Offenses
- Congressional Actions
- Statistical Analysis of Possible Correlations Between Congressional Actions and Protectiveness of Mens Rea Requirements
Online Appendix
Offenses Appendix
- Part One: Studied Offenses Originating in the United States House of Representatives
- Part Two: Studied Offenses Originating in the United States Senate
PRESS CONFERENCE: Sponsored by Congressmen Bobby Scott (D-VA) and Louie Gohmert (R-TX)
Heritage/NACDL Releasing Legislative Report: Congress Is Eroding Criminal Intent
May 5, 2010
EVENT: Without Intent
How Congress Is Eroding the Criminal Intent Requirement in Federal Law
May 24, 2010
