Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Defendants-Appellants.
Argument: The presumption of mens rea is deeply rooted and has historically applied beyond merely distinguishing culpable from innocent conduct. The mens rea requirement arose to ensure punishment was fair and proportional. The mens rea requirement applies to offenders guilty of otherwise culpable conduct. The presumption of mens rea contains only a narrow exception for public-welfare offenses. The presumption of mens rea should apply to drug quantity and type under 21 U.S.C. § 841.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in Support of Petitioner and Urging Reversal.
Argument: This Court has repeatedly interpreted general causal terms in civil statutes to require both actual cause and proximate cause. The rule of lenity requires doubts about “results from” to be resolved in defendant’s favor.