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Olsen

Explore the statutory interpretation of criminal offenses and the necessary mens rea in cases involving conduct like lewd acts, property theft, and illegal possession of weapons. Understand the balance between public welfare and common law principles in legal interpretation.

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Olsen

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  1. Olsen • NATURE OF CONDUCT: willfully & lewdly committing any lewd or lascivious act upon the body etc. of a child, with intent to arouse etc. • AC: under 14 • RESULT: lewd or lascivious act • MENS REA: willfully & lewdly, intent to arouse

  2. Rules of Statutory Interpretation • Rules 1 – 100: Read the statute • Precedent • Hernandez, Lopez, Legal Wrong Doctrine • Legislative History & Purpose • § 1203.066 providing for probation & harsher penalties • Public policy • protect children of tender years)

  3. Morissette • NATURE OF CONDUCT: embezzles, steals, purloin or knowingly converts to his use….sells, conveys, or disposes of any record, etc. • AC: value of property • RESULT: transfer of property (theft) • MENS REA: knowingly

  4. Morissette • Criminal intent should be required for traditional common law offenses, and • Criminal intent should not be read into statutes in the public welfare category.

  5. Minor violations of crimes that are regulatory in nature Neglect or inaction Less severe penalties (usually fine) & less stigma Recognized complex social order, importance of collective interests Social betterment Responsible relation to public danger Crimes against state, property, persons and morals Positive aggressions or invasions Higher penalties Public Welfare v. Common Law

  6. Staples • NATURE OF CONDUCT: possess a firearm • AC: firearm is not properly registered • RESULT: possession of firearm • MENS REA: silent

  7. Rules of Statutory Interpretation • Rules 1 – 100: Read the statute • Precedent • Morissette, Balint, Freed • Legislative History & Purpose • No clear legislative intent to dispense with mens rea • Public policy • Long tradition of widespread lawful gun ownership by private individuals

  8. Freed • NATURE OF CONDUCT: possess a hand grenade • AC: grenade is not properly registered • RESULT: possession of grenade • MENS REA: silent

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