Mens rea
The mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act... [more]
The mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act does not make a person guilty unless the mind is also guilty".
Wikipedia has a nice set of legal definitions related to mens rea
* Intention is where the accused has a clear foresight of the consequences of his actions and desires those consequences to occur.
* Knowingly is where the accused knows or should know that the results of his conduct are reasonably certain to occur.
* Recklessness is where the accused foresees that particular consequences may occur and proceeds with the given conduct not caring whether those consequences actually occur or not.
* Criminal negligence occurs where the accused did not actually foresee that the particular consequences would flow from his actions but the reasonable person, in the same circumstances, would have foreseen those consequences.
For more on mens rea from Wikiepdia, check out http://en.wikipedia.org/wiki/Mens_Rea
* Knowingly is where the accused knows or should know that the results of his conduct are reasonably certain to occur.
* Recklessness is where the accused foresees that particular consequences may occur and proceeds with the given conduct not caring whether those consequences actually occur or not.
* Criminal negligence occurs where the accused did not actually foresee that the particular consequences would flow from his actions but the reasonable person, in the same circumstances, would have foreseen those consequences.
For more on mens rea from Wikiepdia, check out http://en.wikipedia.org/wiki/Mens_Rea
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