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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 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
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 ...
Legal principle of the presumption of mens rea in a crime: actus reus: guilty act: The actual crime that is committed, as opposed to the intent, thinking, and rationalizing that procured the criminal act; the external elements of a crime, rather than the internal elements (i.e. mens rea). ad absurdum: to absurdity
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)
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 ...
Malice aforethought was the mens rea element of murder in 19th-century America, [12] [13] and remains as a relic in those states with a separate first-degree murder charge. As of 1891, Texas courts were overwhelmed with discussing whether "malice" needs to be expressed or implied in the judge's jury instructions . [ 14 ]
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).