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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.
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 ...
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 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.
A mens rea requirement is added to the attempt of crimes of strict liability (where there is no intent or merely objective recklessness), although the ruling in Attorney General's Reference (No. 3 of 1992) makes this less certain. [12] Section 1(1) also provides that the actus reus must be "more than merely preparatory".
and wife Usually used instead of naming a man's wife as a party in a case. / ˌ ɛ t ˈ ʌ k s ɔːr / et vir: and husband Usually used instead of naming a woman's husband as a party in a case. / ˌ ɛ t ˈ v ɜːr / ex aequo et bono: of equity and [the] good Usually defined as "what is right and good."
Carnal knowledge is an archaic or legal euphemism for sexual intercourse. [1] In modern statutes, the term " sexual penetration " is widely used, though with various definitions. Biblical source
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 ...