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This Article examines and evaluates a distinctive, increasingly popular account of the Mistake of Law doctrine. The doctrine, deeply ingrained in American criminal law, is at the same time notoriously unclear in its scope, content, and application. A growing number of legal theorists have...
Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This Article...
How should the criminal law treat a person who did not pay any attention to the existence of attendant circumstances noted in the definition of an offense? This mental state of lack of attention to the existence of the attendant circumstance is analogous to the existence of a void in the...
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