survey the mens rea
landscape and analyze why negligence, an objective
Juries cannot simply ignore these social norms because they may be integral to a defendant's mens rea
International criminal tribunals held that the mens rea
should in principle be inferred from the personal conduct of the accused, i.
Criminalizing expression places this issue front and center, even when--in fact, especially when--a criminal statute relating to expression is written without an explicit mens rea
Many of these laws lack adequate, or even any, mens rea
standards--meaning that a prosecutor does not even have to prove that the accused had any intent whatsoever to violate the law or even knew he was violating a law in order to convict him.
Most importantly, the Right of Way Law introduces strict liability, in which the standard criminal-law requirement of mens rea
24: "As to the mens rea
of the offence of intimidation of a witness as contempt of court, the Prosecution must establish that the accused had knowledge that his conduct is likely to intimidate a witness.
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.
lines of inquiry regarding how mens rea
requirements could be used in
For levy of penalty, mens rea
is not a necessary ingredient.
Given the likely advancement of technology, "it would probably be wise for legislators to ensure that laws are written in a way that makes clear that questions of mens rea
and responsibility generally .
Their responsibility is determined by examining mens rea