Difference between revisions of "Mens rea"

From Conservapedia
Jump to navigation Jump to search
 
Line 2: Line 2:
  
 
1.  intent
 
1.  intent
−
2.  knowledge
+
<br>2.  knowledge
−
3.  recklessness
+
<br>3.  recklessness
−
4.  gross (criminal) negligence
+
<br>4.  gross (criminal) 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.
 
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.

Revision as of 15:04, January 23, 2007

Mens rea is the mental state of a criminal defendant. In Latin it means a guilty state of mind. Usually there are four levels of mens rea in crimes, from most serious to less serious:

1. intent
2. knowledge
3. recklessness
4. gross (criminal) 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.