The Sherman Act and the Vicious Will: Developing Standards for Criminal Intent in Sherman Act Prosecutions

This article will evaluate the intent issue in several steps. First, Gypsum and its progeny will be examined to place the issue in context. Next, the article will consider the status of and reasons for a requisite mental element for criminal condemnation. Emphasis will be placed on the common law development of strict criminal liability. The focus will then shift to the evolution of strict liability in the Supreme Court. Against this background, the Sherman Act\u27s criminal provisions will be analyzed to see if they may be appropriately considered strict liability offenses under common law or federal judicial precedent. Finally, the factors used by the appellate courts to distinguish their cases from Gypsum will be reviewed to determine whether they justify a different result