Difference between revisions of "Mens rea"
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| 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.