Importance of Mens Rea in Current Criminal Law
MENS REA
Mens Rea is described as "A guilty mind; a guilty or wrongful purpose; a criminal intent; Guilty knowledge and willfulness". [2]
In criminal law it is the basic principle that a crime consists of a mental element and a physical element. A person's awareness of the fact that his or her conduct is criminal is the mental element, and actus reus' (the act itself) is the physical element.
The concept of Mens Rea started its development in the 1600s in England when judges started to say that an act alone could not create criminality unless it was adjunct with a guilty state of mind. The degree for a particular common law crime varied for Mens Rea. Murder required a malicious state of mind, whereas larceny required a felonious state of mind.
Mens Rea is generally used along with the words general intent, however this creates confusion since general intent is used to describe criminal liability when a defendant does not intend to bring about a particular result. On the other hand specific intent describes a particular state of mind above and beyond what is generally required. [1]
NEED TO ESTABLISH MENS REA IN ORDER TO SECURE A CONVICTION
To secure a conviction, the prosecution side must prove that the defendant committed the crime while in a certain state of mind. The definition is specified of every crime before a person can be convicted as a prerequisite for Mens Rea. There are three states of mind which constitute the necessary Mens Rea for a criminal offence. These are intention, recklessness and negligence and are described below. [3]
Intention
Direct intent is the normal situation where the consequences of a person's actions are desired. Oblique intent comes in the situation where the consequence is known by the defendant as virtually certain, although it is not desired for its own sake, and the defendant goes ahead with his actions anyway.
Intention Based On Foresight of Consequences
The law states that foresight of consequences can only be
Mens Rea is described as "A guilty mind; a guilty or wrongful purpose; a criminal intent; Guilty knowledge and willfulness". [2]
In criminal law it is the basic principle that a crime consists of a mental element and a physical element. A person's awareness of the fact that his or her conduct is criminal is the mental element, and actus reus' (the act itself) is the physical element.
The concept of Mens Rea started its development in the 1600s in England when judges started to say that an act alone could not create criminality unless it was adjunct with a guilty state of mind. The degree for a particular common law crime varied for Mens Rea. Murder required a malicious state of mind, whereas larceny required a felonious state of mind.
Mens Rea is generally used along with the words general intent, however this creates confusion since general intent is used to describe criminal liability when a defendant does not intend to bring about a particular result. On the other hand specific intent describes a particular state of mind above and beyond what is generally required. [1]
NEED TO ESTABLISH MENS REA IN ORDER TO SECURE A CONVICTION
To secure a conviction, the prosecution side must prove that the defendant committed the crime while in a certain state of mind. The definition is specified of every crime before a person can be convicted as a prerequisite for Mens Rea. There are three states of mind which constitute the necessary Mens Rea for a criminal offence. These are intention, recklessness and negligence and are described below. [3]
Intention
Direct intent is the normal situation where the consequences of a person's actions are desired. Oblique intent comes in the situation where the consequence is known by the defendant as virtually certain, although it is not desired for its own sake, and the defendant goes ahead with his actions anyway.
Intention Based On Foresight of Consequences
The law states that foresight of consequences can only be
Cited: 1. "Mens Rea" [Internet], Answers.com, Available at , Accessed on July 7, 2007. 2. "Mens Rea" (2002), Encyclopedia of Crime & Justice, Pg. 995-1006 3. "MENS REA 1" [Internet], Law Teacher, Available at , Accessed on July 7, 2007. 4. Paul Robinson, "Mens Rea" [Internet], (August 19, 1999). University of Pennsylvania Law School, Available at , Accessed on July 7, 2007. 5. W. Hautamaki, (Dec., 1951) "The Element of Mens Rea in Recklessness and Criminal Negligence", Duke Bar Journal, Vol. 2, No. 1, Pg. 55-69