Difference between revisions of "Mens rea"
Jump to navigation
Jump to search
| Line 1: | Line 1: | ||
| − | 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, | + | 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 | 1. intent | ||
<br>2. knowledge | <br>2. knowledge | ||
<br>3. recklessness | <br>3. recklessness | ||
| − | <br>4. | + | <br>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 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. |
{{stub}} | {{stub}} | ||
[[Category:Latin Legal Terms]] | [[Category:Latin Legal Terms]] | ||
Revision as of 19:11, 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, 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.