This lesson introduces mens rea, its relationship to the criminal act, and why criminal law commonly requires both a guilty mind and a guilty act.
Mens rea is a defendant’s legally relevant mental state when accused of committing a crime. The Latin phrase actus reus non facit reum nisi mens sit rea means “the act is not culpable unless the mind is guilty.”
All flashcards
Actus reus
The prohibited conduct, omission, or other external element of a criminal offense.
Transferred intent
A doctrine that may apply when intended harm reaches someone other than the intended target.
Strict liability
Liability that does not require proof of a mental state for a specified element.
Motive
The reason a person acted, distinct from the mental element required by an offense.
Willful blindness
Deliberately avoiding confirmation of a fact that one strongly suspects.
Quiz questions
Under the Model Penal Code, which sequence ranks culpability from lower to higher?Answer: Negligence, recklessness, knowledge, purpose.
Under the approach to oblique intention in England and Wales, when may intention be found?Answer: When a consequence was virtually certain and the defendant appreciated that certainty.
What is the general rule about ignorance of law as a defense to a crime?Answer: Ignorance of law is generally no defense, though it may matter if knowledge is an offense element.
What minimum mental state for death does the Canadian Supreme Court require for murder?Answer: Subjective foresight of death.
How should post-offense deception or evasion be treated as evidence of consciousness of guilt?Answer: It may support an inference of guilt but is not conclusive proof.
Based on the Wikipedia article Mens rea, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.