Monday, May 15, 2017

5/15/2017: Case about mens rea for misprision of felony.

In United States v. Olsen, --- F.3d ---, No. 15-30022 (9th Cir. 2017), the Court affirmed the defendant's misprision conviction.

Here's what you need to know:
18 U.S.C. § 4 requires the government to prove the defendant knew the principal engaged in conduct that satisfies the essential elements of the underlying felony and that the defendant knew such conduct was a felony. To establish the latter, the government must prove the defendant knew the offense was punishable by death or a term of imprisonment exceeding one year. 
Also of note is the Court's comment that, "[i]n future cases, of course, a defendant in Olson’s position could request an instruction requiring the government to prove that she knew the underlying offense was punishable by more than one year in prison."