NCJ Number
84991
Journal
Criminal Law Bulletin Volume: 18 Issue: 4 Dated: (July-August 1982) Pages: 293-308
Date Published
1982
Length
16 pages
Annotation
Julian Greenspun reviews the major decisions involving the major federal agencies and provides also a framework for the analysis and solution of problems not resolved here.
Abstract
The business community is subject to a bewildering variety of laws governing its activities. In almost all cases where dual civil and criminal sanctions exist, the only important legal distinction, aside from burden of proof, is the mental element which the government must prove to obtain a conviction. Some penalty provisions require proof of criminal intent; others require a showing of knowing violation; and still others, known as strict liability offenses, have no scienter requirement. In some instances, the statute or regulation is silent on point and the courts have the job of deciding the mental element question. (Publisher abstract)