mens rea

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mens rea

(ˈmɛnz ˈreɪə)

(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]

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Noun

mens 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

malice aforethought

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"

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survey the mens rea landscape and analyze why negligence, an objective

Elonis v. United States: at the crossroads of First Amendment and criminal jurisprudence in the digital age

Social Norms Are Intrinsic to the Mens Rea Determination II.

Rape beyond crime

The fact that no one knows the precise numbers is itself a scandal, compounded by the fact that many of these provisions include minimal or no mens rea requirements, which ask prosecutors to demonstrate that an offender knew he was doing something wrong.

No more accidental criminals: why does Hillary get credit for good intentions, while the rest of us get condemned for honest mistakes?

Under international criminal law, the mens rea is a fundamental ingredient of individual responsibility, as the latter is grounded on the principle of personal culpability (22).

Reassessing Dual Responsibility for International Crimes/ Reavaliando a Dupla Responsabilidade por Crimes Internacionais

What makes it worse is that the crimes often dispense with the requirement of a criminal intention or guilty mind (the lawyer's mens rea).

Criminalizing entrepreneurs: the regulatory state is also a prison state

" All HEIs will put in place an effective grievance redressal mechanism and will follow the principles of natural justice-- mens rea and audi alterem partembefore taking any punitive action against any student, faculty or organisation." The government tried to link funding of centres of higher education and varsities their performance

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In light of these changes, maintaining a traditional view of the role of mens rea will provide an increasingly important bulwark against inadvertently criminalizing expression that in fact deserves First Amendment protection.

Technology and the role of intent in constitutionally protected expression

CRIMINAL LAW ESTABLISHES two tests for culpability: whether the defendant committed an actus reus, or an illegal act, and whether he possessed mens rea, or a guilty mind.

Dangerous bedfellows: the stalemate on criminal justice reform

mens rea requirement, making antitrust liability contingent on an actual

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155: "Rule 77 (A) provides the general actus reus and mens rea for contempt.

Contempt of court a digest of the case law of contempt of court at international criminal tribunals and the International Criminal Court

Every crime has two parts: the forbidden act (actus reus) and the guilty intent (mens rea).

Canada's blasphemy law: sleeping but not dead

The important thing for this crime is the mental element (mens rea), the mental intention or mental fault, the guilty state of mind of the perpetrator at the time of the offense.