Difference between revisions of "Mens rea"

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Mens rea is the mental state of a criminal defendant. In Latin it means "Guilty mind". Usually there are four levels of mens rea in crimes, in descending order of culpability:
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Mens rea is the mental state of a criminal defendant. In Latin it means "guilty mind". Usually there are four levels of mens rea in crimes, in descending order of culpability:
  
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1.  intent
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#intent
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<br>2.  knowledge
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#knowledge
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<br>3.  recklessness
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#recklessness
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<br>4.  negligence
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#negligence
  
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The trend in trials and in legislation has been to weaken the requirement of proof of mens rea. A utilitarian view of justice does not depend on mens rea, while a moral view of justice does. Mens rea usually combined with [[actus reus]] is used to produce criminal liability.
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The trend in trials and in legislation has been to weaken the requirement of proof of mens rea. A utilitarian view of justice does not depend on mens rea, while a moral view of justice does. Mens rea usually combined with [[actus reus]] is used to produce criminal liability.
  
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William Blackstone famously observed, “in order to have a crime, there must be a vicious will.”<ref>William Blackstone, Commentaries 21.</ref> However, in the modern regulatory state there are increasing attempts, particularly at the federal level, to create crimes that do not require proof of ''mens rea''.
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William Blackstone famously observed, “in order to have a crime, there must be a vicious will.”<ref>William Blackstone, Commentaries 21.</ref> However, in the modern regulatory state there are increasing attempts, particularly at the federal level, to create crimes that do not require proof of ''mens rea''.
  
 
== References ==
 
== References ==

Revision as of 17:23, May 2, 2009

Mens rea is the mental state of a criminal defendant. In Latin it means "guilty mind". Usually there are four levels of mens rea in crimes, in descending order of culpability:

  1. intent
  2. knowledge
  3. recklessness
  4. negligence

The trend in trials and in legislation has been to weaken the requirement of proof of mens rea. A utilitarian view of justice does not depend on mens rea, while a moral view of justice does. Mens rea usually combined with actus reus is used to produce criminal liability.

William Blackstone famously observed, “in order to have a crime, there must be a vicious will.”[1] However, in the modern regulatory state there are increasing attempts, particularly at the federal level, to create crimes that do not require proof of mens rea.

References

  1. ↑ William Blackstone, Commentaries 21.