43 Cited authorities

  1. Staples v. United States

    511 U.S. 600 (1994)   Cited 1,153 times   6 Legal Analyses
    Holding that a presumption of mens rea applies to statute otherwise silent on knowledge and thus requiring defendant to have known that the gun was an automatic
  2. United States v. United States Gypsum Co.

    438 U.S. 422 (1978)   Cited 970 times   16 Legal Analyses
    Holding that “[t]he exchange of price data and other information among competitors does not invariably have anticompetitive effect ... we have held that such exchanges of information do not constitute a per se violation of the Sherman Act”
  3. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,685 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
  4. Morissette v. United States

    342 U.S. 246 (1952)   Cited 2,272 times   15 Legal Analyses
    Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion
  5. Liparota v. United States

    471 U.S. 419 (1985)   Cited 641 times   1 Legal Analyses
    Holding that the Government is not required to "introduce any extraordinary evidence that would conclusively demonstrate petitioner's state of mind .... [but rather] may prove [the defendant's knowledge] by reference to facts and circumstances surrounding the case"
  6. United States v. Freed

    401 U.S. 601 (1971)   Cited 519 times
    Holding that a violation of § 5861(d) may be established without proof that the defendant was aware of the fact that the firearm he possessed was unregistered
  7. United States v. Dotterweich

    320 U.S. 277 (1943)   Cited 685 times   19 Legal Analyses
    Holding that consciousness of wrongdoing is not necessary for conviction
  8. United States v. International Min'ls Corp.

    402 U.S. 558 (1971)   Cited 263 times   2 Legal Analyses
    Holding that a statute did not require knowledge of the regulated status of sulfuric acid
  9. Abate v. Mundt

    403 U.S. 182 (1971)   Cited 189 times
    Holding that a local government had properly justified a local government reapportionment plan with a 11.9% maximum population deviation due to a desire to preserve political subdivisions
  10. People v. Ryan

    82 N.Y.2d 497 (N.Y. 1993)   Cited 229 times
    Concluding "that there is a mens rea [(i.e., knowingly)] element associated with the weight of the drug" in the offense of Criminal Possession of a Controlled Substance in the Second Degree
  11. Section 15.05 - Culpability; definitions of culpable mental states

    N.Y. Penal Law § 15.05   Cited 797 times   2 Legal Analyses
    Defining “recklessly”
  12. Section 35.05 - Justification; generally

    N.Y. Penal Law § 35.05   Cited 168 times

    Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when: 1. Such conduct is required or authorized by law or by a judicial decree, or is performed by a public servant in the reasonable exercise of his official powers, duties or functions; or 2. Such conduct is necessary as an emergency measure to avoid an imminent public or private injury which is about to

  13. Section 15.15 - Construction of statutes with respect to culpability requirements

    N.Y. Penal Law § 15.15   Cited 92 times

    1. When the commission of an offense defined in this chapter, or some element of an offense, requires a particular culpable mental state, such mental state is ordinarily designated in the statute defining the offense by use of the terms "intentionally," "knowingly," "recklessly" or "criminal negligence," or by use of terms, such as "with intent to defraud" and "knowing it to be false," describing a specific kind of intent or knowledge. When one and only one of such terms appears in a statute defining

  14. Section 4:22-17 - Cruelty; certain acts, crime; degrees

    N.J. Stat. § 4:22-17   Cited 16 times   1 Legal Analyses
    Classifying animal cruelty as a third or fourth degree or disorderly persons offense depending on the circumstances