Environmental Law

A Chink In the Armor?

By Walter James

On May 4, 2009, the United States Supreme Court decided Flores-Figueroa v. United States, 555 U.S. ___, (2009).  It was an identify theft criminal prosecution.  What makes it of interest in the environmental crimes arena is that the Court found that the word ?knowingly? applied to ALL subsequently listed elements of the crime.  You can read the full opinion here http://www.law.cornell.edu/supct/html/08-108.ZS.html.

This case will allow those charged with environmental crimes to challenge the government?s typical assertion that the crimes are general intent and that the lower mens rea should apply.  It will be significant at trial and at the time the jury charge is developed and argued.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on May 14, 2009 (boomark / email).