Mens Rea is Not Just Lawyer Quackery. It is Illegal. So is Any Other Use of a Latin Word in a Legal UtteranceI am not reading this article.
Mens Rea. Latin. Language of the Catholic Church is not allowed by our constitution in the legal system. Latin endorses Catholicism.
Copied from the Catechism. Section 1857. Not allowed.
To its credit the Medieval Church believed God would judge intent upon reaching heaven, His being all knowing. That was their faith, they said. Not even the 13th Century Church believed man could read minds.
Mind reading is a supernatural power.
In the 13th Century, the sole punishment was death. So loopholes were needed to soften the law. That is no longer necessary.
Retribution and culpability are from the Bible. They are worthless to the tax payer. They are prohibited, except in the imaginary world of the lawyer.
Mens rea is more lawyer false doctrine, coddling the criminal, and harsh treatment of past and future victims.
Mens rea is anti-victim garbage. If someone reads the article, explain why anyone would bother doing so, outside the anti-victim, left wing, pro-criminal lawyer.
A hunter shoots another thinking him a deer. A hunter shoots another because the other's wife paid him $10,000. Same act. Same outcome. Vastly different treatment of the defendant. One goes home, the other gets the death penalty, all based on the mental state. This is ridiculous. How does the lawyer know the drunken hunter who killed a guy is not far more dangerous than the contract killer with discipline? The lawyer has loosed a menace on the public and executed a far less dangerous guy. The drunken hunter is now loosed by the lawyer to crash into a school bus.
The alternative to the mens rea is far more reliable, fairer, and safer to the public. Count unconvicted conduct and prior convicted conduct. And incapacitate for the status of the person, not for the crime. Naturally, the lawyer has banned strict liability crime, and compounded the mistake by banning status crime. Why would logic be banned by the lawyer, and coddling of the criminal be imposed on crime victims? Because the lawyer makes no money if the criminal is incapacitated for being a criminal from the earliest age possible, and crime is suppressed. Give the data to the jury if Booker must be followed, even though the jury does not know anything about this technical subject.
Lawyers should stop saying crime has dropped in rates. It has not. Saying it has destroys the credibility of any lawyer.
Complaints may be filed with the Civil Rights Office of the Education Department, for the violation of Title VI of the Civil Rights Act of 1964. Imagine a professor seeking to impose the Sharia on our students. Seeking to impose the Catechism is no less offensive. Every single Latin utterance should be reported, investigated, and fined heavily. There is ongoing, massive violation of this law in our law schools. I support the right to speak Latin by the professor in church, at home, or anywhere else, but not in law school class, nor in any other legal setting.