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December 7, 2015

WSJ: ‘Proving a guilty mind should be essential for criminal prosecution’

The Wall Street Journal editorial board editorializes in favor of House Judiciary Committee-passed reforms that “would prevent people from being convicted of crimes they had no intent to commit.”

“This (mens rea, or guilty mind) standard has increasingly been dishonored thanks to an expanding criminal code and federal regulations that carry criminal penalties,” notes the editorial.

The package of reforms “would also require each federal agency to submit to Congress a list of the regulations it enforces that come with criminal penalties.” Despite bipartisan support in Congress, the Obama Administration opposes the reforms because federal prosecutors want “to keep the law as it is as a cudgel against corporate America.”

Read the full editorial here.

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