The Terminology of Men's Rea: Understanding the Moral Element in Criminal Law
Mens rea is a Latin phrase that means "guilty mind." In criminal law, mens rea refers to the mental state of the accused at the time of the crime. It is the state of mind that is necessary for a person to be found guilty of a crime. There are different levels of mens rea, depending on the crime. For example, in some cases, the accused must have intended to commit the crime ( mens rea of intention). In other cases, the accused must have been aware that their actions were likely to cause harm ( mens rea of recklessness). And in still other cases, the accused need not have intended to commit the crime, but they must have been aware that their actions were wrong ( mens rea of negligence). The mens rea of a crime is determined by the specific law that defines the crime. For example, the law that defines murder may require the accused to have intended to kill the victim ( mens rea of intention). Or, the law that defines theft may require the accused to have been aware that they...