skip to main content

THE CIRCUIT SPLIT OVER INSTRUCTING THE JURY SPECIFICALLY ON THE GOOD FAITH DEFENSE: A CONSEQUENCE OF SUPERLEGISLATION BY COURTS OR THE STANDARDS OF THE APPELLATE REVIEW?

Daniel S. Jonas

Syracuse L. Rev., Vol.46 pp.61-1343, 1995

Texto completo disponível

Citações Citado por
  • Título:
    THE CIRCUIT SPLIT OVER INSTRUCTING THE JURY SPECIFICALLY ON THE GOOD FAITH DEFENSE: A CONSEQUENCE OF SUPERLEGISLATION BY COURTS OR THE STANDARDS OF THE APPELLATE REVIEW?
  • Autor: Daniel S. Jonas
  • Assuntos: Particularly; Specifically; Introduction; Prosecution; Fundamental; Certiorari; Securities; Conspiracy; Government; Undermines; Administrative Law; Criminal Law & Procedure; Environmental Law; Evidence; Governments; Public Health & Welfare Law; Tax Law
  • É parte de: Syracuse L. Rev., Vol.46 pp.61-1343, 1995
  • Descrição: ... The federal courts of appeal are split over a question fundamental to the trial of any criminal fraud prosecution: whether a defendant charged with a specific intent fraud crime, for which a defendant's good faith is a "defense," is entitled to have the court specifically instruct the jury on the good faith "defense." ... The statute at issue in Staples was silent as to the level of mens rea, and the Court compared the conduct at issue - possession of an automatic firearm - to the conduct in two other cases in which the Court had interpreted mens rea requirements in other settings: Liparota v. United States, in which the Court held that the food stamp fraud statute required proof that the defendant knew his or her conduct was illegal, and United States v. Freed, in which the Court held that the government need not prove that the defendant knew hand grenades were unregistered to convict for the failure to register. ... The Fifth Circuit had initially held that a general instruction on specific intent was insufficient to convey to the jury that the defendant's good faith was a complete defense to a fraud crime. ... In assessing whether a defendant is entitled to a good faith instruction where a court's instruction adequately states that the government must prove willfulness or intent, the analysis must turn on whether the willfulness instruction is coextensive with the good faith defense instruction. ...  
  • Idioma: Inglês

Buscando em bases de dados remotas. Favor aguardar.