mens rea


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mens rea

(māns rā′ă, mĕnz rē′ă) [L. “guilty mind”]
Criminal intent. In legal matters an unlawful act is considered to be a criminal act only when the person who commits it acts with criminal intent. From a psychological perspective, this means that minors, the mentally ill, and those affected by organic brain disease may commit unlawful acts but not be culpable of them in a court of law because they may not understand the nature and consequences of such acts.

mens rea (menzˑ rēˑ·),

n the intent of a crime—that is, the per-petrator's mental state regarding the act committed.
References in periodicals archive ?
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 requirement.
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.
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 .