| Revision as of 02:56, 27 January 2004 editMichael Hardy (talk | contribs)Administrators210,279 edits Minor edit. But could we see a DEFINITION of "mens rea"?← Previous edit | Revision as of 02:57, 27 January 2004 edit undoDysprosia (talk | contribs)28,388 editsm headers start at ==Next edit → | ||
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| No one is "presumed" to know the law; the reality is that knowledge of the particular statute prohibiting certain conduct is not usually an element of the crime created by that statute, and therefore knowledge of the law is not required for punishment. | No one is "presumed" to know the law; the reality is that knowledge of the particular statute prohibiting certain conduct is not usually an element of the crime created by that statute, and therefore knowledge of the law is not required for punishment. | ||
| == Examples of mens rea in statutes == | |||
| Model Penal Code: A person commits ] if he (1) purposely or knowingly (2) causes the death of a human being. | Model Penal Code: A person commits ] if he (1) purposely or knowingly (2) causes the death of a human being. | ||
Revision as of 02:57, 27 January 2004
No one is "presumed" to know the law; the reality is that knowledge of the particular statute prohibiting certain conduct is not usually an element of the crime created by that statute, and therefore knowledge of the law is not required for punishment.
Examples of mens rea in statutes
Model Penal Code: A person commits murder if he (1) purposely or knowingly (2) causes the death of a human being.
Common Law: (a) It shall be unlawful for a person to cause the death of a human being with malice aforethought. (b) A violation of this section is murder in the second degree.
See also: actus reus, manslaughter, animus nocendi, voluntas necandi
See generally: Criminal law