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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.
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 ...
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 ...
A motive is the cause that moves people to induce a certain action. [1] In criminal law, motive in itself is not an element of any given crime; however, the legal system typically allows motive to be proven to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with.
Generally, the rule in the United States for the mens rea of an attempt offense is divided into two parts: (1) the actor must intend to commit the act that constitutes the actus reus of an attempt; and (2) the actor must perform that act with the specific intention of committing the target crime. [8]
Offences requiring basic intent specify a mens rea element that is no more than the intentional or reckless commission of the actus reus. The actor either knew (intended) or deliberately closed his mind to the risk (recklessness) that his action (actus reus) would result in the harm suffered by the victim.
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To be convicted, the accused must have formed the mens rea either before or during the commission of the actus reus. In the vast majority of cases, this rule works without difficulty. Two types of concurrence in criminal law. Temporal concurrence – the actus reus and mens rea occur at the same time.