What is the burden of proving criminal intent against defendants in a civil case?
MultiRegion, United States of America
The following excerpt is from United States v. Simon, 425 F.2d 796 (2nd Cir. 1969):
Defendants properly make much of the alleged absence of proof of motivation. They say that even if the Government is not bound to show evil motive, and we think it is not, see Pointer v. United States, 151 U.S. 396, 14 S.Ct. 410, 38 L.Ed. 208 (1894), lack of evidence of motive makes the burden of proving criminal intent peculiarly heavy and the Government did not discharge this.
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