Difference between revisions of "Mens rea"
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| − | Mens rea is the mental state of a criminal defendant. In Latin it means | + | 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, from most serious to less serious: |
1. intent | 1. intent | ||
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<br>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. Mens rea combined with [[actus reus]] is used to produce criminal liability. |
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| + | {{stub}} | ||
[[Category:Latin Legal Terms]] | [[Category:Latin Legal Terms]] | ||
Revision as of 19:10, March 27, 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, 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. Mens rea combined with actus reus is used to produce criminal liability.