why would Florida delete the mens rea requirement in this case
For this discussion, let’s look at two issues. First, why would Florida delete the mens rea requirement in this case? Second, do you agree with their decision to do so?
One element of most criminal offenses is called the mens rea. The mens rea is the state of mind that one must have to commit an offense. Prior to 2002, the law in Florida required that to convict a defendant of a drug offense a mens rea of knowledge was necessary. In other words the state was required to prove that the defendant knew that he/she possessed a substance and that he/she knew that the substance was illegal. In 2002 the legislature passed an act specifically deleting any requirement that a person know the illegal nature of the substance. (Shapiro, 2012)
So with that in mind, consider this example: Someone gives you a white chrystaline substance and tells you it is sugar and you believe the person and you prepare to sweeten your coffee with it. But the police come to your house with a search warrant and seize the substance which later tests positive for cocaine you are guilty of possession of cocaine.
The mens rea is the state of mind that one must have to commit an offense. Prior to 2002, the law in Florida required that to convict a defendant of a drug offense a mens rea of knowledge was necessary. In other words the state was required to prove that the defendant knew that he/she possessed a substance and that he/she knew that the substance was illegal. In 2002 the legislature passed an act specifically deleting any requirement that a person know the illegal nature of the substance. So with that in mind, consider this example: Someone gives you a white chrystaline substance and tells you it is sugar and you believe the person and you prepare to sweeten your coffee with it. But the police come to your house with a search warrant and seize the substance which later tests positive for cocaine you are guilty of possession of cocaine.
Expert Answer: why would Florida delete the mens rea requirement in this case
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