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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 ...
mens rea: guilty mind One of the requirements for a crime to be committed, the other being actus reus, the guilt act. This essentially is the basis for the notion that those without sufficient mental capability cannot be judged guilty of a crime. / ˈ m ɛ n s ˈ r iː ə / modus operandi: manner of operation A person's particular way of doing ...
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 ...
The mens rea is the Latin term for "guilty mind" used in the criminal law.The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act will not make a person guilty unless the mind is also guilty".
Fagan v Metropolitan Police Commissioner is a leading case that confirms the need for concurrence (or coincidence) of actus reus (Latin for "guilty act") and mens rea (Latin for "guilty mind") in most offences of the criminal law of England and Wales.
In criminal law in the United States, the definition of a given offense generally includes up to three kinds of "elements": the actus reus, or guilty conduct; the mens rea, or guilty mental state; and the attendant (sometimes "external") circumstances. The reason is given in Powell v. Texas, 392 U.S. 514, 533 (1968):