The ACLU Hates Corporations More Than It Loves Civil Liberties
17th February 2016
In principle, mens rea—Latin for “a guilty mind”—means the government must prove not only that a crime was committed, but also that the perpetrators knew they were breaking the law. In practice, this important component of due process has been ignored by federal and state lawmakers who have created numerous exceptions in the criminal code. Laws criminalizing sex with underage minors, for instance, often have no mens rea test: a person can be found guilty of having sex with a minor, even if he had every reason to believe the minor was of consenting age (even if, for instance, she lied and said she was older, as was the case for Zach Anderson).
One might expect the ACLU to cherish mens rea and advocate its application in more cases. If the government was universally required to prove that defendants understood the criminal nature of their acts, fewer people would be convicted. Fewer young, poor, and minority defendants would be railroaded for petty offenses, drug crimes, and zero tolerance weapons violations.