All Posts Tagged With: "mens rea"

The Shame of Medicine: Acquittal by Psychiatry

When a pathologist gives expert testimony in a murder case, he may be able to say why the victim died. The pathologist-physician would not be expected to express an opinion about the defendant’s guilt or innocence; were he to express an opinion about it, it would not be attributed to his medical expertise. When a [...]

19Apr2010 | Thomas Szasz | 2 comments | Continued

The “Risk” of Liberty: Criminal Law in the Welfare State

Michael Giuliano is an attorney editor at Thomson Reuters. The word crime has come to include an ever-increasing assortment of activities that do not fit the intuitive meaning of the word. The law has criminalized behavior deemed risky or undesirable and actions or status having only vague relationships to undefined harms. The lawmaking process under [...]

1Sep2008 | Michael N. Giuliano | 4 comments | Continued

Losing the Law: From Shield to Weapon

William Anderson is an assistant professor of economics at Frostburg State University, Frostburg, Maryland. Candice Jackson is litigation counsel for Judicial Watch. In recent years lawmakers and enforcers have increasingly criminalized business behavior. From the prosecution of Michael Milken and other Wall Street figures in the 1980s to the indictment of Martha Stewart in 2003, [...]

1May2004 | and and William L. Anderson | 0 comments | Continued
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