For Your Data What Is Mens Rea?
February 21, 2019
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Mens Rea Definition
Mens rea is Latin for "the intending mind."
Mens rea is Latin for "the intending mind."
- In Criminal Law, mens era is viewed equally 1 of the necessary elements for many crimes.
- The criterion mutual constabulary exam for criminal liability is by too large expressed inwards the Latin phrase: actus reuse non fact rheum nidi mens sit down rea. This agency "the deed is non culpable unless the heed is guilty.
- In jurisdictions alongside "due process", at that topographic point must survive an "acts reus" which is a guilty act. This must survive accompanied past times roughly degree of mens era inwards lodge to constitute the law-breaking alongside which the accused is charged. (Also run across concurrence)
- Criminal liability does non attach to a somebody who precisely acted alongside the absence of mental fault. (There is an exception inwards strict liability crimes).
CIVIL LAW
- It is unremarkably non necessary to essay out a subjective mental chemical subdivision inwards lodge to found liability for breach of contract or tort issues.
- However, if at that topographic point is a tort that is committed intentionally or a contract that is breached intentionally, the intent may increase the compass of liability also equally the mensurate of damages that are payable to a plaintiff inwards the case.
TRADITIONAL COMMON LAW
- actus reus: unlawful killing of a human being;
- mens rea: malice aforethought.
The analysis is somewhat different.
Homicide is a "results" crime. This agency that it forbids any "intentional" or "knowing" send that results in the expiry of roughly other human being.
"Intentional" inwards the modern feel agency the histrion possessed a "purpose" or "desire" that his or her objective (i.e. expiry of roughly other human being) survive achieved. "Knowing" agency that the histrion was aware or pretty much surely that the expiry would hand equally a result.
Thus, the actus reus and mens rea of homicide inwards a modern criminal statute tin survive considered equally follows:
- actus reus: whatever send resulting inwards the expiry of roughly other individual;
- mens rea: intent or noesis that the send would outcome inwards the death.
