Legal Opinion

United States v. John Muzii

Court of Appeals for the Second Circuit

Decided April 19, 1982No. 848, Docket 81-1443PublishedCited by 15 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

The reach of the criminal law has long been limited by the principle that no one is punishable for his thoughts. 1 Accordingly, not only has a criminal state of mind, or mens rea, been a general condition of penal liability, 2 but the imposition of the criminal sanction has required a guilty act, or actus reus, by the person sought to be held liable. This act must be contemporaneous with the guilty mind. The actus reus requirement has been justified on the grounds that it is difficult to distinguish between mere daydreams and resolute intention in the absence…

2Cases cited7 opinions

  1. United States v. Raymond Walter MonasterskiCourt of Appeals for the Sixth Circuit · 1977
  2. United States v. CohenCourt of Appeals for the Third Circuit · 1921
  3. United States v. DoveCourt of Appeals for the Fourth Circuit · 1980
  4. United States v. Richard J. CawleyCourt of Appeals for the Third Circuit · 1958
  5. Copertino v. United StatesCourt of Appeals for the Third Circuit · 1919

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3Cited by15 opinions

  1. United States v. JohnsonCourt of Appeals for the Eighth Circuit · 1985
  2. United States v. William JeffersonCourt of Appeals for the Fourth Circuit · 2012
  3. United States v. Silverio Ramirez and Angelica VitugCourt of Appeals for the Second Circuit · 2005
  4. United States v. Benzion GolombCourt of Appeals for the Second Circuit · 1987
  5. United States v. Roderick J. MacKenzie Malcolm L. MacKenzie and David H. MacKenzie Inc.Court of Appeals for the Second Circuit · 1986

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