Published in The Opinion Pages of the New York Times
To the Editor:
“To Convict, Prove a Guilty Mind,” by Gideon Yaffe (Op-Ed, Feb. 12), highlights a tiny element of proposed criminal justice reforms, the reform of “mens rea” provisions. These plans, if implemented, would require prosecutors to prove that a defendant was aware of the illegal nature of his or her actions and intended to cause them. Proving such intent would be nearly impossible for many financial, environmental and regulatory crimes but relatively simple for drug and property crimes.
The reality is that at present, we know little about how this reform would affect our laws. What we do know is that its passage will do little to help the vast majority of the 2.2 million people behind bars in America and those soon to be incarcerated.
Republican lawmakers who insist on making this issue a quid pro quo are likely doing so not out of concern for the lives, families and communities torn apart by our broken system, but rather to please white-collar and corporate polluter interests who stand to gain the most.
Advocates of all political persuasions working to bring meaningful criminal justice reform would do well to keep our eyes on the prize of getting meaningful legislation passed and not let mens rea become the poison pill for the solutions our country so desperately needs.
ANTHONY D. ROMERO, Executive Director
American Civil Liberties Union
