Yet despite courts' failure to formally endorse a coherent standard for attributing mens rea
to an organization, this Article demonstrates that the situation is less indeterminate than has been previously acknowledged.
9) Hallevy, supra note 4 at 84, 95 (although Hallevy never explicitly states that today's medical diagnostic robots would have the awareness required for criminal liability, he implies this when he provides an example that involves a contemporary medical diagnostic robot and uses this example to conclude that as long as AI have met the requirements of a subjective mens rea
offense they can be held liable for a negligence based offense).
In just this brief passage, the Appeals Chamber used two different terms --"foreseeable" and "aware"--when describing the mens rea
required to prove participation in a JCE III.
actus reus and mens rea
components that they have overlooked the right
If there is a mens rea
requirement, it is not evident whether
Despite the impressive pedigree that the mens rea
be interpreted in accordance with common law principles of criminal culpability," that is, that the courts "will be expected to read in the mens rea
of intention and knowledge.
Reform: A Responsive Return to Congressional Intent
The principal issue on appeal was whether the trial court erred in refusing to charge the jury as to Register's intoxication evidence, which Register believed could be used to negate the mens rea
element of depraved indifference murder.
Justice Dickson (as he then was) defined and inserted the category of strict liability as a halfway point between full mens rea
and absolute liability.
The actus reus of a crime would refer to an act done in violation of the NAP, and the mens rea
would refer to the state of mind necessary to show that the person had a "guilty mind.
As a result, consideration should be given to enacting a discrete category of strict liability offences that include imprisonment, and for which the prosecution should be required to prove mens rea
on the part of the defendant, in order to justify the use of incarceration upon conviction.