I don't know about other states' or federal statutes (and does ANYONE know about regulations?) but in Texas "mens rea" is protected in the culpable mental state the prosecution is required to prove for a conviction.
The four states are:(quoting from the Texas Penal Code Title 2 Sec. 6.03. Definitions of Culpable Mental States)
Intentionally: "A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result."
Knowingly: "A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result."
Recklessly: "A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint."
Negligently: "A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint." Note: The civil jury on which I sat in 97 (rear end collision on the freeway) found for the plaintiffs solely because we agreed that the guy probably should have hit the brakes BEFORE looking for an avenue to avoid the collision (which was not there with the traffic volume).
But your original premise is correct. A government of secret laws is, indeed inimical to both prosperity and liberty.
2 comments:
I don't know about other states' or federal statutes (and does ANYONE know about regulations?) but in Texas "mens rea" is protected in the culpable mental state the prosecution is required to prove for a conviction.
The four states are:(quoting from the Texas Penal Code Title 2 Sec. 6.03. Definitions of Culpable Mental States)
Intentionally: "A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result."
Knowingly: "A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result."
Recklessly: "A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint."
Negligently: "A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint." Note: The civil jury on which I sat in 97 (rear end collision on the freeway) found for the plaintiffs solely because we agreed that the guy probably should have hit the brakes BEFORE looking for an avenue to avoid the collision (which was not there with the traffic volume).
But your original premise is correct. A government of secret laws is, indeed inimical to both prosperity and liberty.
For an example of the more proactive Mexican version of Fast and Furious see :
http://www.borderlandbeat.com/2011/10/lies-damned-lies-and-statistics-in.html
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