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Originally Posted by kgod999
criminal statutes say that when u commit a crime you WILLFULLY DID IT OR INTENTIONALLY DID IT. so, lets say you use a right to travel defense per the constitution or whatever case law you prefer it that regards. thats your affirmative defense. that you didnt INTENTIONALLY commit the crime. this isnt hard. the only thing i agree with you on is most people dont take the time to read the constitution,so, you are correct, most people dont understand it. but, i feel they would understand it over some of the freedom movement material.
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Mens rea is not an element of most traffic infractions; as a matter of fact mens rea is not an element of most mala prohibida crimes. Therefore willfullness--whether you meant to do it or not-- is not an issue. Therefore it is not available as an affirmative defense.
The right to travel is not per the constitution. The right to travel was recognized by the writers of the Consitution as one of the inalienable rights; so they listed it as one protected by the document--not per the document.