See What Conservatives Are Saying: Hatch’s Criminal Justice Reform Efforts
Earlier this week Senator Orrin Hatch, R-Utah, member and former chairman of the Senate Judiciary Committee, spoke on the Senate Floor on the importance of criminal justice reform and the need to ensure robust mens rea protections. In his remarks, Hatch outlined a proposal to set a default mens rea requirement for all statutes that lack such a requirement and told colleagues that he believes any package of criminal justice reforms must include provisions to shore up mens rea protections. You can find that speech here.
See what media and criminal justice reform leaders are saying about Hatch’s efforts:
Senator Hatch Reaffirms Importance of Mens Rea Reform
As criminal justice reform has built momentum in recent months, it has lost some of its focus on overcriminalization issues like mens rea reform and overbreadth. This afternoon Senator Orrin Hatch refocused the coalition on these issues, bringing attention to proposed legislation that would rein in the overly expansive federal criminal code by imposing a default mens rea on all federal crimes.
Senator Hatch Pushes For Criminal Justice Reform That Includes ‘Mens Rea’
This afternoon, Sen. Orrin Hatch, R-Utah, delivered an important speech on the Senate floor arguing that any criminal justice reform effort that is truly worthy of the name ought to include mens rea reform (also referred to as criminal intent).
I recently argued, as have other Heritage scholars, that there is a pressing need for such a reform and that this essential reform has been missing, at least so far, from the discussions that are currently ongoing on Capitol Hill about how to forge a bipartisan, bicameral compromise on meaningful criminal justice reform.
Hatch urged his colleagues to take up this important issue, pledging to work with them to include mens rea reform as part of an overall package on criminal justice reform. Let’s hope they take him up on that offer.
Over-criminalization and Mens Rea: The Missing Topics in the Justice Reform Debate
The epidemic of over-criminalization was the focal point of remarks delivered by Sen. Orrin Hatch (R-Utah) on Monday afternoon. Justice reform has been a hot topic in Congress this year, particularly in the Senate, where several Judiciary Committee members are finalizing the language of a bill that would bring modest sentencing and prison reforms to the corrections system. Unfortunately, over-criminalization has been largely missing from the debate.
The looming Senate bill that will include modest sentencing and prison reforms would be an ideal vehicle for default mens rea. It would be almost impossible to get through as a stand-alone bill, as President Barack Obama would certainly express strong opposition. Nevertheless, Hatch has a point. Federal prosecutors should be required to prove that a person knowingly committed a crime before their liberty can be threatened.
The Heritage Foundation
The Federalist Society
Heritage Action
Edwin Meese III, 75th Attorney General of the United States
John Malcolm, Director of Heritage Foundation’s Center for Legal and Judicial Studies
Pat Nolan, Director of the Center for Criminal Justice Reform at the American Conservative Union Foundation
