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Voorhees v. United States

Certiorari Denied

Petition for certiorari denied on March 30, 2020.

Docket No.19-795
Op. BelowC.A.A.F.

Issue

Whether the principle that criminal statutes must contain a mens rea element, with the exception of strict liability offenses, applies to criminal prosecutions under the Uniform Code of Military Justice, when the underlying statute at issue, 10 U.S.C. § 933, contains no mens rea element and the U.S. Court of Appeals for the Armed Forces held below that only a general intent is required using an objective, versus subjective, standard, i.e., negligence, and thus that no mens rea element need be instructed to the jury, even when the "conduct" alleged to be criminal is facially noncriminal.

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