MORISSETTE v UNITED STATES 342 U S 246
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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.
