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Posts tagged criminal law policy
Congress Needs to Make Up Its Mind: Mens Rea Reform and Why it Matters

By Rachel Wright 

“There has been an explosion of criminal laws with little accountability. The key to reigning in potential abuse of the criminal legal system is requiring prosecutors to prove state of mind in all crimes.”

KEY POINTS

  • While the number of criminal laws has grown, mens rea requirements have shrunk. This had led to overcriminalization and disparate outcomes.

  • Mens rea reforms have enjoyed bipartisan success in the past and should again in the future.

  • Strengthening mens rea is key to remedying the larger criminal justice issues of overcriminalization and abuse of prosecutorial discretion.

Austin, TX: Right on Crime, 2025. 16p.

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Criminal JusticeRead-Me.Orgmens rea reform, overcriminalization, criminal law policy, prosecutorial discretion, criminal justice reform