Abstract
The Supreme Court implicitly has been using an new method of statutory interpretation in recent federal criminal cases. I call this new method rule of mandatory culpability, because the Court has construed criminal statutes to ensure they reach only morally culpable action. This new method of interpretation has notable features. It makes ignorance of the law a valid legal defense in some cases. It drastically reduces the Supreme Court's reliance on one form of prosecutorial discretion as a safeguard of liberty. It employs a moral code rooted neither in statutes nor the Constitution. And it demolishes the federal criminal doctrines of strict liability and of the public welfare offense in most, perhaps all, cases. After examining these features, I conclude the new method is an important and welcome development. It deserves close attention from federal judges, congressional legislators and staff, lawyers in federal criminal practice, and scholars.
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