“There’s No Drug War Exception to the Constitution”

by Walter Olson on November 4, 2011

Florida lawmakers have purported to impose strict liability on defendants for some drug crimes, but the mens rea (guilty mind) prerequisite is no mere option as a matter of constitutional principle. [Ilya Shapiro, Cato at Liberty] (& welcome Above the Law readers)

{ 2 comments }

1 Bill Poser 11.04.11 at 7:35 pm

A good point, but there sure seem to be exceptions to other aspects of the Constitution for the War on Drugs…

2 John Burgess 11.04.11 at 9:02 pm

Yes, I think Walter didn’t get the memo…

What memo you ask? Well, it’s a good question, but obviously some memo got sent authorizing this lunacy.

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