Doctrines
Mens Rea
MENZ RAY-uh (IPA: /mɛnz ˈreɪə/)
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Origin Well established in English common law by the era of Sir Edward Coke (early seventeenth century); the maxim actus non facit reum nisi mens sit rea was, by that time, already firmly ingrained in the common law and remains a central precept of Anglo-American criminal law today.
Mens rea, Law Latin for guilty mind, is the mental state a defendant must be shown to have held for a criminal conviction in common law jurisdictions, ordinarily proven alongside the guilty act itself, actus reus. Unlike doctrines such as Rule of Law that trace to one classic formulating text, mens rea developed gradually through the accretion of English common law rather than being authored by a single named jurist. Civil law systems reach a broadly comparable result through the distinct concepts of dol, or intent, and culpa, or fault, rather than through mens rea as such.
Facts
Origin PeriodWell established in English common law by the era of Sir Edward Coke (early seventeenth century); the maxim actus non facit reum nisi mens sit rea was, by that time, already firmly ingrained in the common law and remains a central precept of Anglo-American criminal law today. 1 Core PrincipleAn act is not by itself criminal; it becomes criminal only when accompanied by a guilty state of mind, most often intention, knowledge, recklessness or negligence as to the elements of the offense. 1 Cross-Tradition Connections
Associated With
R v Dudley and Stephens held that extreme necessity is no defense to an intentional killing, a foundational limit on excusing a culpable mental state that mens rea doctrine otherwise requires the prosecution to prove.
Held Differently
Civil Law, Legal Systems Civil law systems reach a broadly comparable result through the distinct concepts of dol (intent) and culpa (fault) rather than through mens rea as such, a different account of criminal culpability rather than a rejection of it.
In Legal System
Sources
1. Mens Rea (Wikipedia)
WikipediaLead paragraph - entity-descriptionQuote, Lead paragraph - entity-description
In criminal law, mens rea...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.
1. Mens Rea (Wikipedia)
WikipediaBody: judicial statements - core-principleQuote, Body: judicial statements - core-principle
the requirement of some mens rea for a crime is firmly embedded
1. Mens Rea (Wikipedia)
WikipediaLead paragraph - pronunciationQuote, Lead paragraph - pronunciation
mens rea (/mɛnz ˈreɪə/; Law Latin for guilty mind)
1. Mens Rea (Wikipedia)
WikipediaReferences section, footnote 4 (quoting Gardner, 1993 Utah L. Rev. 635, 636)Quote, References section, footnote 4 (quoting Gardner, 1993 Utah L. Rev. 635, 636)
By the time of Coke, the maxim 'actus non facit reum nisi mens sit rea' (an act does not make one guilty unless his mind is guilty) had become well ingrained in the common law, and it remains a central precept of Anglo-American criminal law today. Martin R. Gardner, The Mens Rea Enigma: Observations on the Role of Motive in the Criminal Law Past and Present, 1993 Utah L. Rev. 635, 636 (1993)
1. Mens Rea (Wikipedia)
WikipediaIn Category: Doctrines, Category placement - in-categoryView the Source 1. Mens Rea (Wikipedia)
WikipediaIn Legal System: Common Law, Lead paragraph - in-legal-systemQuote, In Legal System: Common Law, Lead paragraph - in-legal-system
In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
1. Mens Rea (Wikipedia)
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