Difference between revisions of "Intent standard"
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Revision as of 17:00, July 20, 2007
The intent standard is the idea that, for a facially neutral statute which has disparate impacts, tending towards discrimination, to be illegal, the allegedly neutral statute must have been drafted with discriminatory intent.[1] Commentators have noted that this is essentially a requirement of the criminal mens rea of intent, a very high standard to meet in a civil case. Some statutes, by virtue of the severity of their disparate impact, are per se discriminatory.[2]