Transcript Morissette v United States - Delmar

MORISSETTE v. UNITED STATES
342 U.S. 246 (1952)
Case Brief
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
MORISSETTE v. UNITED STATES
• PURPOSE: This case contains an
interesting history of the development
of regulatory crimes and the broadening
of strict liability.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
MORISSETTE v. UNITED STATES
• CAUSE OF ACTION: Stealing United
States government property.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
MORISSETTE v. UNITED STATES
• FACTS: On a large tract of uninhabited and untilled land
in rural Michigan, the Government had a practice
bombing range. Spent bomb casings were cleared from
the targets and thrown into piles, some accumulating
for several years, exposed to the weather. In 1948,
Morissette was deer hunting in this area. He decided to
meet expenses of the trip by salvaging some of these
casings for which he received $84. He made no attempt
to conceal the loading, crushing, and transporting of
these casings, done in full view of passers-by. Under an
investigation, Morissette voluntarily told the whole story
to the authorities, saying that he had no intention of
stealing but thought the property was abandoned.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
MORISSETTE v. UNITED STATES
• ISSUE: Whether the court was in error in
refusing to submit or to allow counsel to
argue to the jury that Morissette acted with
innocent intention.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
MORISSETTE v. UNITED STATES
• HOLDING: Yes, the omission of language
in the statute (18 U.S.C. §641) requiring
proof of intent does not make this, a
larceny-type of crime, into a strict liability
crime.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.
MORISSETTE v. UNITED STATES
• REASONING: The trend in federal law to
regulatory, mala prohibita, crimes
imposing strict liability has its limits. Here
the Court notes that even the states, which
have followed the federal example, have
tended to draw the line with larceny-type
crimes.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.