What is the current state of the law on "willfulness" in a criminal statute containing an ambiguous "willness" element?

MultiRegion, United States of America

The following excerpt is from United States v. Liu, D.C. No. 5:06-cr-00772-JW-1, No. 10-10613 (9th Cir. 2013):

When faced with a criminal statute containing an ambiguous "willfulness" element, courts normally resolve any doubt in favor of the defendant. Ratzlaf, 510 U.S. at 148 (citing Hughey v. United States, 495 U.S. 411, 422 (1990)). Although the general rule is that "ignorance of the law or a mistake of law is no defense to criminal prosecution," the modern proliferation of statutes and regulations "sometimes

Page 13

Other Questions


What is the current state of the law on "ambiguity" between criminal statutes and the federal criminal code? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
When a state statute is greater breadth than its text, can the state apply the statute of conviction in a nongeneric manner? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the current state of the law when it comes to determining the elements of a criminal conviction based on a single crime? (MultiRegion, United States of America)
What is the current state of the law when a defendant is convicted of a criminal offence under a Divisible statute? (MultiRegion, United States of America)
If a section of the New York State Code of Civil Procedure is ambiguous, what is the test for assessing the meaning of the statute in its current form? (MultiRegion, United States of America)
If a section of the New York State Code of Civil Procedure is ambiguous, what is the test for assessing the meaning of the statute in its current form? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the current state of the law on non-citizen criminal convictions in a non-Citizen criminal case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.