Mens Rea

Mens Rea in the United States

Latin term that refers to a “guilty mind.” Mens rea is that subjective condition or element of a crime involving intent. Mens rea is one of the two elements that together constitute a crime. The other element is the criminal act itself or the actus reus. In any criminal prosecution, the state must demonstrate beyond a reasonable doubt that an accused not only performed a criminal act, but knowingly and intentionally did so. Certain affirmative defenses such as Entrapment (Criminal Process) or insanity attempt to mitigate the existence of mens rea or the guilty mind.

See Also

Affirmative Defense (Criminal Process) Insanity Defense (Criminal Process).

Analysis and Relevance

Mens rea is the more difficult dimension of criminal conduct to demonstrate because it is based on a state of mind. Nonetheless, criminal intent is often the determining element in the American approach to defining and classifying crimes. American criminal codes contain numerous categories of offenses each of which is generally based on the same behavior or actus reus. These crimes are differentiated on the basis of intent, with varying degrees of punishment accorded upon conviction. Several crimes involve taking of a victim’s life, for example. First degree murder requires proof of premeditation. Second degree murder or voluntary manslaughter are different in terms of such premeditation. These offenses are more impulsive and the same degree of criminal intent as first degree murder is lacking. Involuntary manslaughter is the product of recklessness and may not involve any real criminal intent. Criminal codes mandate a showing of general criminal intent for most crimes. This general level of intent requires only that defendants be aware that their actions are wrong. Each class of within-category crimes requires different proofs to convict and involves quite different sentencing ranges. Some crimes require the existence of specific intent. For example, to convict a person of assault with intent to rape, a prosecutor must show intent not only to perform an assaultive act, but the specific intent to engage in some sexual act by force.

Notes and References

  1. Definition of Mens Rea from the American Law Dictionary, 1991, California

Mens Rea Definition

(Lat.) A guilty mind.

Mens Rea in Foreign Legal Encyclopedias

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Mens Rea Mens Rea in the World Legal Encyclopedia.
Mens Rea Mens Rea in the European Legal Encyclopedia.
Mens Rea Mens Rea in the Asian Legal Encyclopedia.
Mens Rea Mens Rea in the UK Legal Encyclopedia.
Mens Rea Mens Rea in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Mens Rea

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Mens Rea Mens Rea in the Family Law Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the IP Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Commercial Law Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Criminal Law Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Antritrust Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Constitutional Law Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Tax Law Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the and Finance and Banking Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Employment and Labor Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Mens Rea Mens Rea in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

(Lat.) A guilty mind.

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Notice

This definition of Mens Rea Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Meaning of Mens Rea

In plain or simple terms, Mens Rea means: Literally, “guilty mind.” The intent to commit a crime. It is a prerequisite to convict for a crime involving a moral wrong, but it is not a prerequisite to convict for an act that is a crime only because a law says it is a crime, for example, overtime parking.


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