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| '''Mens rea''' or "guilty mind" is the state of mind that indicates criminal intent. In criminal law it is an essential element in obtaining a conviction for serious crimes. Since there is a natural presumption that a person was aware of the consequences of his acts, the ] often lies with the defense. Some crimes are those of ] | '''Mens rea''' or "guilty mind" is the state of mind that indicates criminal intent. In criminal law it is an essential element in obtaining a conviction for serious crimes. Since there is a natural presumption that a person was aware of the consequences of his acts, the ] often lies with the defense. Some crimes are those of ] | ||
| in which a guilty mind is not necessary for conviction. Examples of these include crimes such those involving environmental pollution. | in which a guilty mind is not necessary for conviction. Examples of these include crimes such as those involving environmental pollution. | ||
| This concept should not be confused with not knowing the law (see ]). | This concept should not be confused with not knowing the law (see ]). | ||
Revision as of 20:54, 13 November 2002
Mens rea or "guilty mind" is the state of mind that indicates criminal intent. In criminal law it is an essential element in obtaining a conviction for serious crimes. Since there is a natural presumption that a person was aware of the consequences of his acts, the burden of proof often lies with the defense. Some crimes are those of strict liability in which a guilty mind is not necessary for conviction. Examples of these include crimes such as those involving environmental pollution.
This concept should not be confused with not knowing the law (see presumed knowledge of the law).
See also: animus nocendi, voluntas necandi
See generally: Criminal law