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67 Tul. L. Rev. 2113 (1992-1993)
Civil Rights and Criminal Wrongs: The Mens REA of Federal Civil Rights Crimes

handle is hein.journals/tulr67 and id is 2130 raw text is: CIVIL RIGHTS AND CRIMINAL WRONGS: THE MENS REA OF FEDERAL CIVIL RIGHTS CRIMES* FREDERICK M. LAWRENCE** INTRODUCTION: OVERVIEW OF CIVIL RIGHTS CRIMES AND STATEMENT OF THE VAGUENESS AND FEDERALISM PROBLEMS ............................................... 2115 I. THE CIVIL RIGHTS STATUTES OF THE RECONSTRUCTION PERIOD AND THE ORIGINS OF CRIMINAL CIVIL RIGHTS LAW ..................... 2122 A. The Initial Period Leading up to and Including the Civil Rights Act of 1866. The Source of the Federalism and Vagueness Problems ............ 2124 1. The Origins of the Debate During the Civil W ar ........................................ 2124 2. The Thirteenth Amendment, Presidential Reconstruction, and the Birth of Congressional Reconstruction ............... 2126 3. The Civil Rights Act of 1866 ............... 2129 * Copyright © 1993 Frederick M. Lawrence. ** Associate Professor of Law, Boston University. B.A., Williams College; J.D., Yale Law School. My thanks to Bob Bone, Joe Brodley, Clark Byse, Stan Fisher, Pnina Lahav, Tracey Maclin, Steve Marks, Mark Pettit, Bob Seidman, David Seipp, Vince Wellman and Larry Yackle for their help on this project. I am also grateful to the participants of the Boston University School of Law Faculty Workshop to whom earlier versions of this Article were presented. The comments received during and subsequent to those workshop presentations were extremely helpful. I am particularly grateful to Ron Cass, David Nimmer, Ken Simons and Avi Soifer for their careful reading of this manuscript and their insightful comments. I would also like to acknowledge the contributions of the members of my Civil Rights Enforcement seminar in the spring of 1989 and my Civil Rights Crimes seminar in the spring of 1991. I extend my appreciation as well to Ronit Inbar, Terry Krieger, and Elaine Waterhouse for their diligent research, to Jeffrey Blum for his editorial aid, and to Kelly McEnaney for her excellant research and fine editorial assistance. Finally, I wish to acknowledge the support for this project provided by Boston University School of Law summer research grants. Having expressed my thanks to all those mentioned above, it is traditional to award credit for the merits and complete immunity for the flaws of what follows. If, however, those acknowledged are entitled to some of whatever credit may be do, it seems only fair that they also share some of the blame. There is only one who is entitled to credit and credit only and it is to her that this Article is gratefully dedicated. 2113

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