The Cat in the Hat

United States v. Freed, 401 U.S. 601, 91 S. Ct. 1112, 28 L. Ed. 2d 356 (1971).
Facts: Freed (D) and other defendants were indicted for self-possession of unregistered hand grenades in violation of a federal law that made it made it unlawful for anyone to receive or possess a firearm which is non registered to him. Freed claimed that he did non know of the obligation to register the hand grenades and therefore did not have the required specific intent to possess the unregistered weapons. The district court dismissed the indictments on the grounds that the blow to allege scienter for the crime was vile of due make and the government appealed.
Issue: Is a statute that imposes criminal obligation for possession of unregistered weapons, without regard to whether a defendant knew of the fate to register, unconstitutional for lack of due process?
Holding and order (Douglass): No. The imposition of criminal liability for possession of unregistered weapons, without regard to whether a defendant knew of the requirement to register, is not violative of due process.
The federal law in question prohibits an single(a) from receiving or possessing a firearm not registered to him.



This statute is a regulatory measure made in the interest of normal safety and is premised on the idea that possession of hand grenades in itself is not a safe, innocent activity. A reasonable psyche would likely suspect that possession of hand grenades is illegal. Since this activity is not innocent and since the statute is regulatory, no specific intent is required. The defendants mere knowledge that he possessed the unregistered hand grenades is sufficient to sustain a conviction.
Disposition: Reversed.
agree (Brennan): The mens rea requirement is a rule, rather than an exception, to Anglo-American law. This requirement is universal and mulish and is generally required. A clear Congressional intent is requisite to discard the mens rea requirement. I think it is reasonable to...If you want to abide a full essay, order it on our website: Ordercustompaper.com



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