Difference between revisions of "Mens rea"

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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.
 
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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== References ==
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[[Category:Latin Legal Terms]]
 
[[Category:Latin Legal Terms]]

Revision as of 00:19, May 30, 2007

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.