This looks like excellent news.
This looks like excellent news.
Moving to address the overcriminalization of federal regulations, the order flatly declares, “It is the policy of the United States that…criminal enforcement of criminal regulatory offenses is disfavored,” while adding, “Agencies promulgating regulations potentially subject to criminal enforcement should explicitly describe the conduct subject to criminal enforcement, the authorizing statutes, and the mens rea standard applicable to those offenses.”
Mens rea is a guilty mind. Imposing a mens rea standard on federal prosecutions for regulatory offenses means that the government will be expected to stop prosecuting people who didn’t know they were doing something illegal, or people whose guilty mind — their knowledge that they were doing something illegal, and meant to — can’t be proved. It makes federal prosecution harder, less likely, and probably less common.
[Source](https://chrisbray.substack.com/p/big-trump-action-goes-mostly-unnoticed)
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Moving to address the overcriminalization of federal regulations, the order flatly declares, “It is the policy of the United States that…criminal enforcement of criminal regulatory offenses is disfavored,” while adding, “Agencies promulgating regulations potentially subject to criminal enforcement should explicitly describe the conduct subject to criminal enforcement, the authorizing statutes, and the mens rea standard applicable to those offenses.”
>
Mens rea is a guilty mind. Imposing a mens rea standard on federal prosecutions for regulatory offenses means that the government will be expected to stop prosecuting people who didn’t know they were doing something illegal, or people whose guilty mind — their knowledge that they were doing something illegal, and meant to — can’t be proved. It makes federal prosecution harder, less likely, and probably less common.
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