Changes to Federal Crimes Weaken the Criminal Intent Requirement
In a system where ignorance of the law is not a defense and specific intent to commit a crime is no longer required, representation by a federal criminal defense attorney is especially important.

December 14, 2011 /24-7PressRelease/ -- Until the second half of the 20th century, committing a federal crime required both "mens rea," which is "guilty mind" in Latin and means criminal intent, and "actus reus," the physical act of the crime. While an individual still must perform an act or omission that constitutes a crime to be convicted of a federal offense, federal crimes are moving away from a specific intent requirement.

Originally, it was not enough that a person committed an illegal action to convict the person of a crime. The person performing the action also had to have the knowledge that what he was doing was a crime. With the increase in the number of crimes in the federal criminal code, however, -- most of them written since 1970 -- the concept of criminal intent is being eroded away and affecting federal criminal defense.

From a total of 20 federal crimes in 1970, the federal criminal code has exploded into roughly 4,500 federal criminal violations, with thousands more hidden in federal regulations. Many federal crimes now have a "sliding scale" of intent. Those that require the government to prove a "willful violation" offer the most protection for the accused, because the government has to prove that the defendant had the specific intent to commit a crime and violate the law.

Crimes that require only a knowing violation of the law make it easier for the government to prove its case because it must prove only that the person knew what he was doing, not that he knew it was illegal to do it. Therefore, the government essentially only has to prove that the defendant committed the prohibited action.

This lack of a requirement of guilty intent in newer federal crimes also makes it easier for individuals to accidentally violate these laws. With the government's reduced burden of proof, it becomes increasingly difficult for those accused of crimes to defend their actions.

Furthermore, the plethora of new criminal statutes makes it impossible for individuals to know every single possible federal law that they may violate, even unintentionally. In a system where ignorance of the law is not a defense and specific intent to commit a crime is no longer required, the cards can be stacked against people accused of committing federal crimes, which highlights the need for experienced legal representation.

If you have been arrested for or charged with a federal criminal offense, immediately contact a federal criminal defense attorney to defend your case and make sure your rights are protected.

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