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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 ...
The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind (mens rea), specified in the criminal statute. [3] actus reus: guilty act Part of what proves criminal liability (with mens rea). / ˌ æ k t ə s ˈ r iː ə s / ad coelum: to the sky
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
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 ...
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 ...
The phrase mens rea is typically translated as "guilty mind" and describes the expected mental state of an accused. General intent is an awareness of factors constituting the crime, including attendant circumstances. The criminal must be aware of committing an illegal act and that attendant circumstances are likely to occur. The requisite ...
A statutorily defined offence will be presumed to require mens rea, even if the Act is silent on the issue. [3] Criminal systems of the civil law tradition distinguish between intention in the broad sense (dolus directus and dolus eventualis), and negligence. Negligence does not carry criminal responsibility unless a particular crime provides ...