morissette argued decided january criminal intent essential element offense provides whoever embezzles steals purloins knowingly converts property punishable fine imprisonment pp mere omission mention intent construed eliminating element crimes defined behrman balint distinguished pp history purposes afford ground inferring affirmative instruction congress eliminate intent offense knowingly converting stealing government property pp reversed petitioner convicted violation appeals affirmed granted certiorari reversed andrew transue argued cause filed brief petitioner robert ginnane argued cause brief solicitor general perlman assistant attorney general mcinerney bishop justice jackson delivered opinion remained profoundly insignificant case except immediate parties tried submitted jury raise questions fundamental federal criminal law reason granted certiorari large tract uninhabited untilled land wooded sparsely populated area michigan government established practice bombing range air force dropped simulated bombs ground targets bombs consisted metal cylinder forty inches long eight inches across filled sand enough black powder cause smoke puff strike located various places range signs read danger keep bombing range nevertheless range known good deer country extensively hunted spent bomb casings cleared targets thrown piles way stacked piled order dumped heaps accumulating four years upwards exposed weather rusting away morissette december went hunting area get deer thought meet expenses trip salvaging casings loaded three tons truck took nearby farm flattened driving tractor expending labor trucking market flint realized morissette occupation fruit stand operator summer trucker scrap iron collector winter honorably discharged veteran world war ii enjoys good name among neighbors blemish record disreputable conviction reckless driving loading crushing transporting casings broad daylight full view without slightest effort concealment investigation started morissette voluntarily promptly candidly told whole story authorities saying intention stealing thought property abandoned unwanted considered value government indicted however charge unlawfully wilfully knowingly steal convert property value violation provides whoever embezzles steals purloins knowingly converts government property punishable fine imprisonment morissette convicted sentenced imprisonment two months pay fine appeals affirmed one judge dissenting trial morissette times told investigating officers testified appearances believed casings abandoned intend steal property took wrongful criminal intent trial however unimpressed ruled took thought abandoned knew government property defense think anybody defense thought property abandoned another man piece property stated permit show man thought abandoned hold case question abandoned property refused submit allow counsel argue jury whether morissette acted innocent intention charged instruct believe testimony government case intended take right take property nd defense claim abandoned private property instruct effect young man took property says without permission says property government says value one cent evidently guilty offense charged believe government guilty question intent whether intended take property says therefore believe either side guilty petitioner counsel contended taking must felonious intent ruled however presumed act appeals suggested greater restraint expression exercised affirmed conviction interpreted statute appellant guilty violation beyond shadow doubt evidenced even admissions construction statute creates several separate distinct offenses one knowing conversion government property ruled particular offense requires element criminal intent conclusion thought required failure congress express requisite decisions behrman balint cases construe mere omission criminal enactment mention criminal intent dispensing deemed precedents principles construction generally applicable federal penal statutes authorize conviction indeed adoption literal reasoning announced cases sweep federal crimes except expressly preserved ancient requirement culpable state mind think resume historical background convincing effect ascribed comprehensive contemplated one inconsistent philosophy criminal law contention injury amount crime inflicted intention provincial transient notion universal persistent mature systems law belief freedom human consequent ability duty normal individual choose good evil relation mental element punishment harmful act almost instinctive child familiar exculpatory mean afforded rational basis tardy unfinished substitution deterrence reformation place retaliation vengeance motivation public prosecution unqualified acceptance doctrine english common law eighteenth century indicated blackstone sweeping statement constitute crime must first vicious commentators nineteenth century early pronounced principle although exceptions relevant present problem came recognized crime compound concept generally constituted concurrence mind hand congenial intense individualism took deep early root american soil codified common law crimes even enactments silent subject courts assumed omission signify disapproval principle merely recognized intent inherent idea offense required statutory affirmation courts little hesitation division found implication requirement offenses taken common law unanimity adhered central thought wrongdoing must conscious criminal emphasized variety disparity confusion definitions requisite elusive mental element however courts various jurisdictions purposes different offenses devised working formulae scientific ones instruction juries around terms felonious intent criminal intent malice aforethought guilty knowledge fraudulent intent wilfulness scienter denote guilty knowledge mens rea signify evil purpose mental culpability use combination various tokens sought protect blameworthy mind conviction infamous crimes however balint behrman offenses belong category another character different antecedents origins crimes involved depend mental element consist forbidden acts omissions expressed made clear examination accelerating tendency discernible england call existence new duties crimes disregard ingredient intent industrial revolution multiplied number workmen exposed injury increasingly powerful complex mechanisms driven freshly discovered sources energy requiring higher precautions employers traffic velocities volumes varieties unheard came subject wayfarer intolerable casualty risks owners drivers observe new cares uniformities conduct congestion cities crowding quarters called health welfare regulations undreamed simpler times wide distribution goods became instrument wide distribution harm dispersed food drink drugs even securities comply reasonable standards quality integrity disclosure care dangers engendered increasingly numerous detailed regulations heighten duties control particular industries trades properties activities affect public health safety welfare many duties sanctioned strict civil liability lawmakers whether wisely sought make regulations effective invoking criminal sanctions applied familiar technique criminal prosecutions convictions confronted courts multitude prosecutions based statutes administrative regulations aptly called public welfare offenses cases fit neatly accepted classifications offenses state person property public morals many offenses nature positive aggressions invasions common law often dealt nature neglect law requires care inaction imposes duty many violations regulations result direct immediate injury person property merely create danger probability law seeks minimize offenses threaten security state manner treason may regarded offenses authority occurrence impairs efficiency controls deemed essential social order presently constituted respect whatever intent violator injury consequences injurious according fortuity hence legislation applicable offenses matter policy specify intent necessary element accused violation usually position prevent care society might reasonably expect exertion might reasonably exact one assumed responsibilities also penalties commonly relatively small conviction grave damage offender reputation considerations courts turned construing statutes regulations make mention intent dispensing holding guilty act alone makes crime however without expressions misgiving pilot movement country appears holding tavernkeeper convicted selling liquor habitual drunkard even know buyer barnes state later came massachusetts holdings convictions selling adulterated milk violation statutes forbidding sales require allegation proof defendant knew adulteration commonwealth farren allen commonwealth nichols allen commonwealth waite allen departures tradition mainly general classes reviewed rationale appraised chief justice cooley follows agree rule crime without criminal intent means universal rule many statutes nature police regulations impose criminal penalties irrespective intent violate purpose require degree diligence protection public shall render violation impossible people roby defendant asks us test meaning statute standards applicable statutes govern infamous crimes analogy however deceptive element conscious wrongdoing guilty mind accompanying guilty act associated concept crimes punished infamous even invariable element prosecution minor offenses wider range practice power prosecutions petty penalties always constituted law class true though prosecution criminal form tenement house department mcdevitt thus diverse reconcilable reasons state courts converged result discontinuing inquiry intent limited class offenses statutory regulations long similar questions growing federal legislation reached judgments harmony consensus state judicial opinion existence may led overlook need full exposition rationale context federal law overruling contention conviction indictment makes charge criminal intent alleges making sale narcotic forbidden law chief justice taft wrote general rule common law scienter necessary element indictment proof every crime followed regard statutory crimes even statutory definition terms include modification view respect prosecutions statutes purpose obstructed requirement question legislative intent construed balint supra day determined offense narcotic drug act require intent saying offense statutory one intent knowledge made element indictment need charge knowledge intent behrman supra course purpose every statute obstructed requiring finding intent assume purpose convict without therefore obstruction rationale help us learn purpose omission congress since federal crime exist except force statute reasoning behrman opinion read literally work changes composition federal crimes result contemplated hardly escaped mention numbered among members one especially interested informed concerning importance intent crimes might expected since behrman holding call forth dissent justice mcreynolds justice brandeis joined omitting mention recently took occasion explicitly relate abandonment ingredient intent merely considerations expediency obtaining convictions malum prohibitum classification crime peculiar nature quality offense referred familiar type legislation whereby penalties serve effective means regulation continued legislation dispenses conventional requirement criminal conduct awareness wrongdoing interest larger good puts burden acting hazard upon person otherwise innocent standing responsible relation public danger warned hardship doubtless may statute thus penalizes transaction though consciousness wrongdoing totally wanting dotterweich neither far aware undertaken delineate precise line set forth comprehensive criteria distinguishing crimes require mental element crimes attempt closed definition law subject neither settled static conclusion reached balint behrman cases approval adherence circumstances applied quite different question whether expand doctrine crimes without intent include charged stealing larceny variants equivalents among earliest offenses known law existed legislation invasions rights property stir sense insecurity whole community arouse public demand retribution penalty high sufficient amount involved infamy felony says maitland bad word give man thing state courts last resort fall heaviest burden interpreting criminal law country consistently retained requirement intent offenses state deviated exception neither called attention disclosed research congress therefore omitted express prescription criminal intent enactment us light unbroken course judicial decision constituent union holding intent inherent class offense even expressed statute congressional silence mental elements act merely adopting federal statutory law concept crime already well defined common law statutory interpretation may warrant quite contrary inferences silence creating offense new general law whose definition courts guidance except act offenses balint behrman cases latter class accept authority eliminating intent offenses incorporated common law exhaustive studies state cases disclose decisions applying doctrine crime without intent enacted offenses although deviations notable illustrative danger inherent government contentions government asks us feat construction radically change weights balances scales justice purpose obvious effect away requirement guilty intent ease prosecution path conviction strip defendant benefit derived common law innocence evil purpose circumscribe freedom heretofore allowed juries manifest impairment immunities individual extended crimes judicial initiative spirit doctrine denies federal judiciary power create crimes forthrightly admonishes enlarge reach enacted crimes constituting anything less incriminating components contemplated words used statute congress borrows terms art accumulated legal tradition meaning centuries practice presumably knows adopts cluster ideas attached borrowed word body learning taken meaning use convey judicial mind unless otherwise instructed case absence contrary direction may taken satisfaction widely accepted definitions departure hold mere omission mention intent construed eliminating element crimes denounced ii suggested however history purposes imply something affirmative elimination intent least one offenses charged case argument contest criminal intent retained offenses embezzlement stealing purloining incorporated section urged congress joined new separate distinct offense knowingly convert government property circumstances imply offense mental element intent necessary congress alert often decisive function mental element crime seen fit prescribe evil state mind described variously one terms intentional wilful knowing fraudulent malicious make criminal otherwise indifferent act increase degree offense punishment also times required specific intent purpose require specialized knowledge design evil beyond intent injury law circumstances recognizes good faith blameless intent defense partial defense element considered mitigation punishment treason one crime deemed grave enough definition constitution requires duly witnessed overt act aid comfort enemy also mental element disloyalty adherence enemy view care bestowed upon subject significant found attention directed instance congress expressly eliminated mental element crime taken common law section concerned enacted consolidation four former sections title adopted turn derived two sections revised statutes pertinent legislative judicial history antecedents well footnoted find purpose collect scattered sources crimes kindred belong one category one interpreted crime without intention purpose differentiate matter intent disclosed inference crimes intention drawn difference classification punishment one fits congressional classification petty offense least misdemeanor amount involved one hundred dollars felony one crime without intent smuggled section whose dominant offenses require intent put compromising company government apparently believe conversion stood alone drew indictment charge morissette unlawfully wilfully knowingly steal convert use congress language section pains incriminate knowing conversions common law unwitting acts constitute conversions civil tort except recovery exemplary damages defendant knowledge intent motive mistake good faith generally irrelevant one takes property turns belong another innocent intent shield making restitution indemnity may allowed deprive another statute applied conversions without qualification made crimes unwitting inadvertent unintended conversions knowledge course identical intent may apt words limitation knowing conversion requires knowledge defendant taking property possession must knowledge facts though necessarily law made taking conversion case us whether mental element congress required spoken knowledge intent seem alter bearing guilt apparent morissette knowingly intentionally converted property know converted case fact abandoned truly believed abandoned unwanted property said first blush claim plausibility construe statute require mental element part criminal conversion becomes meaningless duplication offense stealing conversion given meaning interpreting disregard intention broader view evolution crimes throws different light legislation surprising considerable overlapping embezzlement stealing purloining knowing conversion grouped statute concerned codifiers offense gaps crevices separated particular crimes general class guilty men escaped breaches books contain surfeit cases drawing fine distinctions slightly different circumstances one may obtain wrongful advantages another property codifiers wanted reach instances probably every stealing conversion certainly every knowing conversion stealing steal means take away one lawful possession without right intention keep wrongfully italics added irving trust leff conversion however may consummated without intent keep without wrongful taking initial possession converter entirely lawful conversion may include misuse abuse property may reach use unauthorized manner unauthorized extent property placed one custody limited use money rightfully taken one custody may converted without intent keep embezzle merely commingling custodian duty keep separate intact difficult think intentional knowing abuses unauthorized uses government property might knowing conversions reached embezzlement stealing purloining knowing conversion adds significantly range protection government property without interpreting punish unwitting conversions purpose attribute congress parallels codifiers common law england demonstrates serious problem drafting statute avoid gaps loopholes offenses significant english state codifiers tried cover type conduct suggesting purpose congress without however departing tradition crimes intendment find grounds inferring affirmative instruction congress eliminate intent offense defendant charged iii read record case tried theory even criminal intent essential presence decided presumption law apparently conclusive predicated upon isolated act taking rather upon circumstances respects believe trial error intent accused ingredient crime charged existence question fact must submitted jury state authorities cited effect intent relevant larcenous crimes equally emphatic uniform jury issue settled practice reason well stated judge andrews people flack alike general rule law dictate natural justice constitute guilt must wrongful act criminal intention system unless exceptional cases must found jury justify conviction crime however clear proof may however incontrovertible may seem judge inference criminal intention question intent never ruled question law must always submitted jury jurors may perverse ends justice may defeated unrighteous verdicts long functions judge jury distinct one responding law facts neither invade province without destroying significance trial jury taking open subsequent attempt conceal property denial avowal taking strong presumption arises felonious intent must repelled clear convincing evidence conviction authorized kemp state moreover conclusion supplied presumption instance one intent steal casings based mere fact defendant took thought question intend take property removal conscious intentional act admitted isolated fact adequate basis jury find criminal intent steal knowingly convert wrongfully deprive another possession property whether intent existed jury must determine act taking together defendant testimony surrounding circumstances course jury considering morissette awareness casings government property failure seek permission removal witness might disbelieved profession innocent intent concluded assertion belief casings abandoned jury convicted proper instructions end matter juries bound seems inescapable logic judges might concluded heaps spent casings left hinterland rust away presented appearance unwanted abandoned junk lack conscious deprivation property intentional injury indicated morissette good character openness taking crushing transporting casings candor admitted might refused brand morissette thief done end matter reversed justice douglas concurs result footnotes far pertinent reads whoever embezzles steals purloins knowingly converts use use another without authority sells conveys disposes record voucher money thing value department agency thereof property made made contract department agency thereof shall fined imprisoned ten years value property exceed sum shall fined imprisoned one year morissette brief history philosophy concept biblical greek roman continental law see radin intent criminal encyc soc sci extensive treatment development english law see pollock maitland history english law historically substantive criminal law based upon theory punishing vicious postulates free agent confronted choice right wrong choosing freely wrong pound introduction sayre cases criminal law williams new york observed retribution longer dominant objective criminal law reformation rehabilitation offenders become important goals criminal jurisprudence also referred prevalent modern philosophy penology punishment fit offender merely crime ends seem illusory mental element crime bl comm examples texts alterations successive editions consequence evolution law public welfare offenses hereinafter recited traced sayre public welfare offenses rev exceptions came include sex offenses rape victim actual age determinative despite defendant reasonable belief girl reached age consent absence intent also involves considerations lack understanding insanity subnormal mentality infancy lack volition due actual compulsion inferred doctrines coverture extensive inroads upon requirement intention however offenses negligence involuntary manslaughter criminal negligence whole range crimes arising omission duty cf commonwealth welansky mass holmes common law considers intent chapter criminal law earlier makes pithy observation even dog distinguishes stumbled kicked radin intent criminal encyc soc sci points american law mens rea readily constituted wrongful act elsewhere balint case chief justice taft recognized rather overstated making allowance exceptions mentioned trend causes advantages dangers considered sayre public welfare offenses rev hall prolegomena science criminal law rev hall interrelations criminal law torts rev changes english law illustrated nineteenth century english cases held one convicted selling impure foods unless aware impurities rex dixon however years later action enforce statutory forfeiture possession adulterated tobacco respondent held liable even though knowledge cause suspect adulteration countering respondent arguments baron parke said true particular instances may produce mischief innocent man may suffer want care examining tobacco received taking warranty public inconvenience much greater every case officers obliged prove knowledge seldom able regina woodrow exch convenience prosecution thus emerged rationale quarry owner held liable nuisance caused workmen dumping refuse river spite plea played active part management business knew nothing dumping involved knowledge lack deemed irrelevant regina stephens bishop referring decision says doctrine english case may almost deemed new criminal law properly limited doctrine eminently worthy followed hereafter bishop new criminal law ed decisions statutes prohibiting sale impure adulterated food enacted adulteration food act sale food drugs act conviction former sustained holding guilty knowledge intent need proved prosecution sale adulterated butter fitzpatrick kelly betts armstead involving latter statute held need showing accused knowledge product measure statutory specifications development strict criminal liability regardless intent roughly paralleled evolution strict civil liability consequences regardless fault certain relationships shown workmen compensation acts vicarious liability fault others evidenced various motor vehicle acts consequences general abolition intent ingredient serious crimes aroused concern responsible disinterested students penology course justify judicial disregard clear command effect congress admonish us caution assuming congress without clear expression intends instance radin intent criminal encyc soc sci says long popular belief intention freedom taken axiomatic penal system negates mental element find general acceptance vital retain public support methods dealing crime question criminal intent probably always something academic taint nevertheless fact remains determination boundary intent negligence spells freedom condemnation thousands individuals watchfulness jurist justifies present insistence upon examination mind individual offender sayre public welfare offenses rev says inflict substantial punishment upon one morally entirely innocent caused injury reasonable mistake pure accident outrage feelings community nullify enforcement hall prolegomena science criminal law rev appears somewhat less disturbed trend properly limited public welfare crimes suggests reason continue believe present mode dealing offenses best solution obtainable must content sacrifice established principles raising presumption knowledge might improvement italics added felton said law time unreasonable attach culpability consequently impose punishment intention evade provisions holmes common law place mental element offenses revenues see spies scharton russell crime turner pollock maitland history english law examples decision diverse jurisdictions may culled digest nearly point johnson state tex holding take horse running large range larceny absence intent deprive owner property jordan state tex cr time taking parts automobile accused believed car abandoned owner acquitted fetkenhauer state honest although mistaken belief defendant permission take property considered jury devine people hun holding claim act practical joke must weighed admitted taking property others like purport farzley state nickerson state app people williams cal app schiff people kemp state perdew commonwealth holding appropriation finder lost property constitute larceny absence intent people shaunding people van vechten american eagle fire ins thomas kessler barnes state tex cr sandel state tex cr weeks state tex cr heskew state tex app page commonwealth holding reversible error exclude evidence tendency throw light question bona fides one accused larceny butts commonwealth state levy holding taking another property good faith inadvertence mistake constitute larceny sayre public welfare offenses rev cites classifies large number cases concludes fall roughly subdivisions illegal sales intoxicating liquor sales impure adulterated food drugs sales misbranded articles violations antinarcotic acts criminal nuisances violations traffic regulations violations laws violations general police regulations passed safety health community sayre points criminal syndicalism sedition cases pressure convict strong accomplished dispensing element intent instances analogy public welfare offense examples state hennessy people ruthenberg state kahn mont state smith mont compare people mcclennegen cal although intent essence offenses based disloyalty cf cramer haupt innocence intention defeat charge even treason hudson goodwin cranch gooding wheat arson willfully maliciously assault intent commit murder rape intent commit felony except murder rape bankruptcy concealment assets false oaths claims bribery knowingly fraudulently bribery graft intent influence counterfeiting forgery intent defraud intimidation voters purpose concealing escaped prisoner willfully stat interference member national labor relations board agent board performance duties willfully stat violations provisions fair labor standards act willfully stat packing selling misbranded barrels apples knowingly manslaughter unlawful killing human without malice voluntary carries maximum penalty imprisonment exceed ten years killing malice aforethought crime murder first degree punishable death life imprisonment second degree punishable imprisonment term years life screws stat amended construed spies stat stating criminal sanctions violations fair labor standards act provides person shall imprisoned subsection except offense committed conviction person prior offense subsection penal law provides upon indictment larceny sufficient defense property appropriated openly avowedly claim title preferred good faith even though claim untenable art iii cl provision prevent incrimination mere mental operations compassing death king see cramer hold mental element necessary crime course say necessary reviser note derived ed turn rev stat shall consider code sections interpretations ed reads whoever shall take carry away take use use another intent steal purloin property shall punished follows courts cases courts cases including ninth circuit appeals held object section introduce crime larceny federal criminal code frach mass find words larceny property made crime means course interpreting statute may apply principles governing common law crime larceny interpreted courts various supp upon principle authority stealing merely trespass secret borrowing common law likewise federal statute usca adopting terms stealing general imports larceny felonious taking intent permanently deprive owner property supp whoever shall steal embezzle knowingly apply use unlawfully sell convey dispose ordnance arms ammunition clothing subsistence stores money property furnished used military naval service shall punished prescribed sections title ed embezzling public moneys property whoever shall embezzle steal purloin money property record voucher valuable thing whatever moneys goods chattels records property shall fined imprisoned five years appeals rejected argument holding crime stealing separate distinct offense specified ground broadening crime larceny foreclose avenue one might process pleading escape conviction one offense proving committed another hair breadth different course opinion advanced following pertinent observations felonious taking carrying away property may subject offense constitutes common law offense larceny disputed however doubtful common law fixed definition formula meaning larceny strained application cases clearly constituting offense modern criminal codes treat offense various ways define offense following old cases merely declaratory common law others broadened offense include offenses previously known embezzlement false pretenses even felonious breaches trust pointed modern tendency broaden offense larceny whatever name may called include related offenses tend complicate prosecutions strict pleading practice statutes offense denominated theft stealing statute offers clearer example compromise common law modern code two sections involved section ed deals robbery larceny description latter taken common law section ed denounces related offenses might included described section code practice seeking avoid pitfalls technical pleading offense embezzlement included name without definition cover cases may shade larceny well new situation may arise changing modern conditions envisioned common law adds words steal purloin stealing common law definition restrict meaning offense commonly used denote dishonest transaction whereby one person obtains rightfully belongs another deprives owner rights benefits ownership may may involve element stealth usually attributed word purloin thus case involving larceny defined common law section ed apply offense embezzlement nature doubtful fall larceny embezzlement may prosecuted section ed whoever shall rob another kind description personal property belonging shall feloniously take carry away shall fined imprisoned ten years whoever robs another kind description personal property belonging shall imprisoned fifteen years ed forerunner part present dealing receiving stolen property application problem hand history demonstrates apply acts constituted larceny embezzlement common law also acts shade crimes strictly considered might found fit fixed definitions also pertinent note renders one subject penalty knowingly converts use property word converts appear predecessors ed applicable one take use intent steal purloin ed uses words knowingly apply use neither ed words resembling knowingly converts use revision intended create new crimes recodify existence find suggestion guilty intent part crime embodied indictment limited charge words statute defective light common law statute failed set forth expressly fully clearly elements necessary constitute offense carll harker dement gill md railroad ohio rationale underlying cases one clearly assumes rights ownership property another proof intent convert necessary even held one may held liable conversion even though reasonably supposed legal right property question row home sav bank mass cases vein see collected jur authorities leave doubt morissette held liable civil conversion taking property involved instructions jury might appropriate civil action assumes course actual abandonment proven matter petitioner allowed prove larceny act geo act consolidate simplify law relating larceny triable indictment kindred offences provides purposes act person steals without consent owner fraudulently without claim right made good faith takes carries away anything capable stolen intent time taking permanently deprive owner thereof provided person may guilty stealing thing notwithstanding lawful possession thereof bailee part owner thereof fraudulently converts use use person owner penal law defines larceny follows person intent deprive defraud another use benefit property appropriate use taker person true owner wrongfully takes obtains withholds means whatever possession true owner person money personal property thing action evidence debt contract article value kind steals property guilty larceny accused first instance obtained possession title property lawfully provided subsequently wrongfully withheld appropriated property use use person entitled use benefit property hereby declared public policy state best interests people state served confusion injustice avoided eliminating abolishing distinctions hitherto differentiated one sort theft another section twelve hundred ninety penal law denominated larceny wit common law larceny asportation common law larceny trick device obtaining property false pretenses embezzlement cf morgan instructing jury upon presumptions burden proof harv rev morgan observations concerning presumption harv rev