mens rea


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mens rea

(ˈmɛnz ˈreɪə)
n
(Law) law a criminal intention or knowledge that an act is wrong. It is assumed to be an ingredient of all criminal offences although some minor statutory offences are punishable irrespective of it. Compare actus reus
[Latin, literally: guilty mind]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.mens rea - (law) criminal intentmens rea - (law) criminal intent; the thoughts and intentions behind a wrongful act (including knowledge that the act is illegal); often at issue in murder trials
planning, preparation, provision - the cognitive process of thinking about what you will do in the event of something happening; "his planning for retirement was hindered by several uncertainties"
premeditation - (law) thought and intention to commit a crime well in advance of the crime; goes to show criminal intent
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
References in periodicals archive ?
In such circumstances, the actus reus that forms the basis of the section 10(b) violation--the false public statement--has been disaggregated from the actor who harbors mens rea.
Cottone warns that as the mens rea requirement withers when the quantity and complexity of laws increase, the doctrine of ignorantia legis neminem excusat -- ignorance of the law does not excuse -- becomes problematic.
Having already set out the framework for holding AI liable for subjective mens rea offenses, negligence offenses, and strict liability offenses, Hallevy next addresses the applicability of general defenses to AI criminal liability.
The mens rea element, however, is different for JCE I and JCE III.
that they involve; the emphasis is on actus reus rather than mens rea.
whether there is any mens rea requirement for the responsible corporate
to impose a mens rea requirement on the criminal law under the federal
2(c) a "curious combination" of the subjective mens rea standard and the "objective standard" of fault, in which the senior officer does not take all reasonable measures to prevent the corporation's representative from engaging in corrupt acts.
CRIMINALIZING (ONLY) HACKING: MENS REA AS A SOLUTION
Register (6) the New York Court of Appeals held that the depraved indifference murder statute contained three elements: 1) a mens rea of "recklessness"; (7) 2) a voluntary act which creates a "grave risk of death to another person"; (8) and 3) objective circumstances (i.
In other words, there was no proof of a mens rea, or criminal intent.
There is an increasing and impressive stream of authority which holds that where an offence does not require full mens rea, it is nevertheless a good defence for the defendant to prove that he was not negligent.