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"The allegation deals with absentee ballot requests, and as with so many things in this election, the statutes are silent on the issues the plaintiffs are trying to address".
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The Supreme Court has repeatedly held that a defendant's state of mind should be considered in federal criminal prosecutions, even when a statute is silent on intent.
He reminded Bork of the basic principle of administrative law embodied in the famous Chevron case: "If the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute".".
Most recently, in its June 2015 decision in Elonis v. United States, the Court explained that "When interpreting federal criminal statutes that are silent on the required mental state, we read into the statute 'only that mens rea which is necessary to separate wrongful conduct from otherwise innocent conduct.'" What the defendant thinks, concluded the Court, "does matter".
Despite the evident importance of proper definition of the mental element, criminal statutes are frequently silent on what sort of mens rea, if any, must be shown.
— Phil The Florida Statutes at Title XLVIII Chapter 1009.53 and 1009.98 are silent on any application order for funds from the Bright Futures scholarship program and the state prepaid college program.
Current statutes, intended to keep communicable diseases from reaching America, are "silent on exportation," said Dr. Martin S. Cetron, the director of global migration and quarantine at the centers.
Others are silent.
All films are silent.
The Gingriches are silent.
Many are silent.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com