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A mens rea is imputed when a person with reasonable foresight in the same circumstances would have foreseen that the actus reus would occur. This prevents a person from raising a defence based on willful blindness (note that in the United States, wilful blindness has a slightly different meaning). A problem arises when the defendant is a ...
In law, knowledge is one of the degrees of mens rea that constitute part of a crime.For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without ...
Imputation (law), the concept that ignorance of the law does not excuse; Imputation (statistics), substitution of some value for missing data; Imputation (genetics), estimation of unmeasured genotypes; Theory of imputation, the theory that factor prices are determined by output prices
Presumed knowledge of the law is the principle in jurisprudence that one is bound by a law even if one does not know of it. It has also been defined as the "prohibition of ignorance of the law". The concept comes from Roman law, and is expressed in the brocard ignorantia legis non excusat.
The harshness of the doctrine of constructive notice is somewhat reduced by the "Rule of Indoor management" or "Turquand's Rule". The rule derives its name from the case of Royal British Bank v Turquand, where the defendant was the liquidator of the insolvent Cameron's Coalbrook Steam, Coal and Swansea and Loughor Railway Company.
Willful ignorance is sometimes called willful blindness, contrived ignorance, conscious avoidance, [4] intentional ignorance, or Nelsonian knowledge. [ 5 ] The jury instruction for willful blindness is sometimes called the " ostrich instruction ".
In other situations (especially regarding specific intent crimes that have "with intent to" in their definition), intent may be considered to refer to purpose only. Arguably, [weasel words] the most influential legal definitions of purpose and knowledge come from the Model Penal Code's definitions of mens rea.
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.