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In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
The terms actus reus and mens rea developed in English Law are derived from a principle stated by Edward Coke, namely, actus non facit reum nisi mens sit rea, [1] which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or ...
Mens rea refers to the crime's mental elements of the defendant's intent. This is a necessary element—that is, the criminal act must be voluntary or purposeful. Mens rea is the mental intention (mental fault), or the defendant's state of mind at the time of the offense, sometimes called the guilty mind. It stems from the ancient maxim of ...
Malice aforethought, also known as mens rea, is still used in the criminal justice system today when trialing for murder. The term is a catch-all phrase that encompasses all the states of mind that are sufficient mens rea for murder. [22]
The principal is the one whose acts or omissions, accompanied by the relevant mens rea (Latin for "guilty mind"), are the most immediate cause of the actus reus (Latin for "guilty act"). If two or more people are directly responsible for the actus reus, they can be charged as joint principals (see: Common purpose).
In the criminal law, both a culpable mens rea and a criminal actus reus are generally required for an offense to occur. For these purposes, the term "actus reus" does not have a single definition, but it represents the general principle that before an individual may be convicted of an offense, it must be shown that there was an overt act in ...
In terms of mens rea, any form of recklessness, including virtual certainty, is insufficient for an offence under Section 44, in part due to the existence of Section 45 and 46 which aid its interpretation.
Mens rea does *NOT* translate from Latin as "bad mind." Mens is Latin for "mind," and rea is Latin for "defendant." Therefore, the literal translation of mens rea is "defendant's mind." In the context of criminal law, the connotation is "a guilty state of mind." -- NetEsq 02:58 Jan 1, 2003 (UTC)