Mens rea, Latin for "guilty mind," is the crucial mental state or criminal intent a person must have when committing a crime, alongside the physical act (actus reus), for legal culpability; it means the prosecution must prove the defendant acted with awareness, purpose, or recklessness, not just by accident, to secure a conviction, though some offenses (strict liability) don't require it.
Key aspects of mens rea:
Definition: The culpable mental state accompanying a prohibited act, showing the person intended to do wrong or knew their actions were illegal.
Core Principle: Criminal law generally punishes intentional wrongdoing, not accidents or mistakes.
Types of Intent: Can range from specific intent (intending a particular outcome) to general intent (intending the act itself).
Requirement: Prosecutors must prove mens rea beyond a reasonable doubt for most serious crimes, like murder or theft.
Contrast: It's the mental side, contrasted with actus reus, the physical act of the crime.
Exceptions: Strict liability crimes (e.g., traffic offenses, selling alcohol to minors) don't require mens rea, focusing only on the act.
Examples:
Murder: Requires intent to kill or cause serious harm (mens rea) plus the act of killing (actus reus).
Theft: Requires the intent to permanently deprive the owner of their property.
Mens rea - Wikipedia
Learn more. The examples and perspective in this article may not represent a worldwide view of the subject. You may improve this article, discuss the issue on t...
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Mens rea | Research Starters - EBSCO
Mens rea is a Latin term that refers to the mental state or intent of an individual at the time they commit a criminal act. It plays a crucial role in determini...
EBSCO
mens rea | Wex | US Law | LII / Legal Information Institute
Mens rea is a Latin phrase that translates to "guilty mind". It refers to the state of mind required to convict a defendant of a crime. In a criminal trial, the...
LII | Legal Information Institute
Mens Rea: An Overview of State-of-Mind Requirements for ...
The concept of mens rea, or a "guilty mind," reflects the idea that a crime generally must consist of not only a proscribed act but also a "mental element" suff...
Congress.gov
"Mens Rea" by Paul H. Robinson
The chapter is available for download at
http://ssrn.com/abstract=661161. *Mens rea*, or "guilty mind", is a central feature of criminal law. It requires: * **C...
Penn Carey Law: Legal Scholarship Repository
Mens Rea Definition
Why Trust Us? Learn more about our history and our editorial standards. Learn more about our editorial standards. (menz-ray-ah) The mental component of criminal...
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Criminal Intent: Mens Rea and Actus Reus in Criminal Law | LawInfo
What Is Mens Rea in Criminal Law? Mens rea is Latin for “guilty mind.” This is the criminal state of mind. A prosecutor has to prove the defendant had a culpabl...
LawInfo.com
Foundations of Law - Common Law Mens Rea
Mens rea is the state of mind that the prosecution must prove that a defendant had when committing a crime. It is also known as "guilty" intent. Mens rea is tra...
Lawshelf Educational Media
Mens Rea and Criminal Intent Explained in California Law
When Mens Rea Is Not Required: Strict Liability Offenses. Certain crimes, known as strict liability offenses, do not require proof of intent. The mere act itsel...
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