Comment by DuskStar
13 years ago
I think the US has begun to completely ignore what is known as "Mens Rea" for regulations such as this. While for something like Murder you have to have intended to commit the crime, many other crimes require no intent or prior knowledge. (Manslaughter, Child Pornography, Possession of Undersized Lobster as examples)
http://lawcomic.net/guide/?p=173 (A more entertaining description)
This isn't true at all. Read model jury instructions sometime; you'll see that virtually all of them instruct the jury not to convict without first determining that there was some knowing action. The "Undersized Lobster" statute is explicit about this, but doesn't have to be; the "strict liability" crimes (like statutory rape) are the exception, not the rule.
However, a growing number also do the opposite - for example patent law. (though that requires Mens Rea for punative damages)
But yes, I guess that most laws do (thankfully) still include Mens Rea.