Orrin Hatch: “Finally, I would like to say just a few words about criminal justice reform. We have been at an impasse since the…”

“Finally, I would like to say just a few words about criminal justice reform. We have been at an impasse since the Judiciary Committee took up the issue earlier this year, but recent reports suggest that negotiations with the White House may soon lead to a compromise. I have not been a part of those negotiations, and I understand that they are still ongoing and there is no final proposal on the table, but I am concerned that there is no mention of mens rea reform being included in that deal. Sentencing and prison reform can do only so much if we continue to allow individuals to be sent to prison for conduct they did not know was unlawful, even when Congress does not specify that their crimes should be strict liability offenses. Sentencing and prison reform must be paired with a solution that addresses the root problem of criminalization, which includes the lack of clear mens rea requirements in much of our criminal law. My Mens Rea Reform Act of 2018, which I introduced earlier this summer with Senate Judiciary Chairman Chuck Grassley, provides that solution. It is supported by a broad range of groups from across the ideological spectrum, from the American Conservative Union to the National Association of Criminal Defense Lawyers. To be honest, I am troubled that the bill is not part of the current negotiations.…”