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| '''Mens rea''' is a ] concept which focuses on the mental state of the accused and requires proof of a positive state of mind such as intent, recklessness, or willful blindness. |
'''Mens rea''' is a ] concept which focuses on the mental state of the accused and requires proof of a positive state of mind such as intent, recklessness, or willful blindness. | ||
| It comes from the ] phrase; ''Actus non facit reum nisi mens sit rea'', translated ''An act does not make a man guilty unless his mind be also guilty''. '''Mens rea''' roughly translates to ''guilty mind''. | |||
| An illustration of mens rea would be 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. | An illustration of mens rea would be 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. | ||
Revision as of 15:24, 8 November 2004
Mens rea is a criminal law concept which focuses on the mental state of the accused and requires proof of a positive state of mind such as intent, recklessness, or willful blindness.
It comes from the Latin phrase; Actus non facit reum nisi mens sit rea, translated An act does not make a man guilty unless his mind be also guilty. Mens rea roughly translates to guilty mind.
An illustration of mens rea would be 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. ..