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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 first two types of culpability are each a subset of the following. Thus if someone acts purposely, they also act knowingly. If someone acts knowingly, they also act recklessly. The definitions of specific crimes refer to these degrees to establish the mens rea (mental state) necessary for a person to be guilty of a crime. The stricter the ...
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 ...
First, false statements of fact can lead to civil liability if they are "said with a sufficiently culpable mental state". [8] This possibly includes conscious lies about military service. [9] The second category is a subset of the first: knowingly false statements (deliberate lies). [8] This includes things like libel and slander.
CENTENNIAL, Colo. (AP) -- Jurors in the Colorado theater shooting trial heard for the first time in the gunman's own words that he regretted the attack and sometimes cried about it at night. James ...
Recklessness is usually described as a "malfeasance" where the defendant knowingly exposes another to the risk of injury. The fault lies in being willing to run the risk. But criminal negligence is a "misfeasance" or "nonfeasance" (see omission ), where the fault lies in the failure to foresee and so allow otherwise avoidable dangers to manifest.
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. [a] Recklessness is less culpable than malice, but is more blameworthy than carelessness.
Charles Michael Hall (Missouri): Sentenced in 2014 for the killing of a prisoner in the mental health unit of a federal prison. He is a co-defendant of Wesley Coonce. He is a co-defendant of ...