NACDL News: Mens Rea Legislation Introduced In House and Senate

On Nov. 16, 2015, bipartisan leadership from the House Judiciary Committee and House Crime Subcommittee introduced important legislation to address the erosion in the criminal intent, or mens rea, requirement in federal criminal law, legislation which on Nov. 18 passed out of the House Judiciary Committee by a unanimous voice vote. Since at least 2009, as evidenced by the House Crime Subcommittee’s first hearing on the “Over-criminalization and Over-federalization of Criminal Law,” Members have been interested in the importance that criminal intent requirements play in a fair and rational criminal justice system.