The mens rea in the law the defendant is with violating his “Purpose to prevent or disrupt a lawful meeting...”.
The Actus Reus in the law the defendant is charged with violating is “does an act tending to obstruct or interfere with it physically”.
From the facts given in the article, I think the State can not prove mens rea. His purpose was not to disrupt a lawful meeting. In the article it states that the Defendant (Sanders) was standing in the back, and using a small hand held camera to video record the meeting. It wasn 't until police were called, that sanders began to argue.
From the facts given in the article, I do not believe that the State can prove actus reus. He did not commit an act tending to obstruct or interfere with the meeting physically. He was merely, standing in the back with a small video camera recording the questions and answers from the board of ed meeting.
The offense in this article is a disorderly persons offense. The name of the court that has jurisdiction over the case is municipal court. The potential punishment for the offense is up to $1,000 in fines and/or up to 6 months in jail, if the defendant were to be convicted.
The mens rea in the law us “knowingly or purposely”. The actus reus in the law is “to obtain or to possess a controlled dangerous substance”.
From the facts given in the article I do not believe the State can prove that Greenburg (defendant) knowingly or purposely (the mens rea) did anything or had anything to do with the controlled dangerous substance. Knowingly means to be “practically certain” he would be breaking the law and purposely means to have “conscious object” t...
... middle of paper ...
...mit. The injustice that withholding evidence from a defendant can lead to is the principle that a person is innocent until proven beyond a reasonable doubt in a court of law. The reason this principle is violated is because beyond a reasonable doubt cannot be proven without all the evidence being presented. The jury can’t have doubt, if the one thing that would cause the doubt is omitted or hidden. Withholding evidence is such an injustice because it does not give the defense a one hundred percent shot at defending him or herself in court.
In the Code of Ethics, Canon number 10 Stated “offices will present evidence in criminal cases impartially because the officer should be equally concerned with the prosecution of criminals and the defense of the innocent persons”. Abiding by this canon of the code of ethics will certainly aid in avoiding such a wrongful conviction.
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