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On Oct. 2, 2017, Senators Orrin Hatch (R-UT), Mike Lee (R-UT), Ted Cruz (R-TX), David Perdue (R-GA), and Rand Paul (R-KY) introduced important legislation to address the erosion of the criminal intent, or mens rea, requirement in federal criminal law, the Mens Rea Reform Act of 2017. As explained in a news release issued by Sen. Hatch’s office, this bill “would set a default intent standard for all criminal laws and regulations that lack such a standard … [and] would ensure that courts and creative prosecutors do not take the absence of a criminal intent standard to mean that the government can obtain a conviction without any proof of a guilty mind.” Sen. Hatch also delivered a speech about the importance of mens rea reform on the floor of the U.S. Senate, citing support from NACDL, the Federal Defenders, and others.
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