Difference between revisions of "Mens rea"

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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:
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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
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<br>4.  gross (criminal) negligence
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<br>4.  negligence
  
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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 combined with [[actus reus]] is used to produce criminal liability.
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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.
  
 
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[[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.

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