Class 12: State v. Bash Continued

Prepare:

Think about your answers to the questions posed relating to the Bash case in light of our class discussion. Do you need to revise any of your answers?

Write new answers where needed sufficient to be prepared to fully discuss the questions in class.

In Class: Continue analysis of State v. Bash

Reflect:

How do courts decide whether to imply a mens rea in an otherwise silent statute?  Should they (do they) begin with a presumption that the legislature intended a mens rea or not?  Why?  Under what circumstances should courts override the clear language of the statute?  

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