Mens rea

Mens rea is a criminal law concept which focuses on the mental state of the accused and requires proof of a positive state of mind such as intent, recklessness, or willful blindness. In jurisdictions with due process, some level of mens rea is almost always a required element of the crime with which the defendant is charged, and must be proven by the prosecution, the exception being strict liability crimes or torts. Most civil law claims also incorporate some level of mens rea as a required element.

Related Topics:
Criminal law - Jurisdiction - Due process - Crime - Strict liability - Tort - Civil law

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Mens rea comes from the Latin phrase; Actus non facit reum nisi mens sit rea, translated An act does not make a man guilty unless his mind be also guilty. Mens rea roughly translates to guilty mind.

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An illustration of mens rea would be the difference between hurting someone voluntarily and accidentally; in the first case, the mens rea, the intention to hurt, is present but not in the second one.

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Another example: if the intention to kill or to act in a way that can predictably lead to the death is not proved, one can not be found guilty of the crime of murder because the definition of this crime includes this condition (to be convicted, you need both the mens rea and the Actus reus, also known as the "psychological" and "material" elements); without the mens rea for murder, the accusation will usually turn into manslaughter, a different but similar crime that does not require the same mens rea.

Related Topics:
Murder - Actus reus - Manslaughter

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