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| The '''mens rea''' is the "guilty intention" or, literally, the "guilty mind." Without a solid enough proof of this state of mind, it is impossible, at least within the ] system, to convict a person of the crimes which require it. | |||
| 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. | |||
| The best illustration of what the mens rea is the difference between hurting someone voluntarily and accidentally; in the first case, the mens rea, the intention to hurt, is present but not in the second one. | |||
| Another example: if the intention to kill or to act in a way that can predictably lead to the death is not proved, one can not be found guilty of the crime of ] because the definition of this crime includes this condition (to be convicted, you need both the mens rea and the ], also known as the "psychological" and "material" elements); without the Mens Rea for murder, the accusation will usually turn into ], a different but similar crime that does not require the same mens rea. | |||
| == Examples of mens rea in statutes == | == Examples of mens rea in statutes == | ||
| Model Penal Code: A person commits |
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. | 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. | ||
| <I>See also:</I> |
<I>See also:</I> ], ] | ||
| <I>See generally:</I> ] | <I>See generally:</I> ] | ||
Revision as of 03:30, 27 January 2004
The mens rea is the "guilty intention" or, literally, the "guilty mind." Without a solid enough proof of this state of mind, it is impossible, at least within the Common Law system, to convict a person of the crimes which require it.
The best illustration of what the mens rea is the difference between hurting someone voluntarily and accidentally; in the first case, the mens rea, the intention to hurt, is present but not in the second one.
Another example: if the intention to kill or to act in a way that can predictably lead to the death is not proved, one can not be found guilty of the crime of murder because the definition of this crime includes this condition (to be convicted, you need both the mens rea and the Actus reus, also known as the "psychological" and "material" elements); without the Mens Rea for murder, the accusation will usually turn into manslaughter, a different but similar crime that does not require the same mens rea.
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: animus nocendi, voluntas necandi
See generally: Criminal law