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...

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Man Found Not Criminally Responsible After Greyhound Bus Beheading; Victim’s Family Call for Punishment

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lawiscool on

From: lawiscool.com

Justice John Scurfield ruled Thursday that a man accused of beheading and cannibalizing a Greyhound bus passenger is not criminally responsible (”NCR”) due to mental illness. Vince Li’s trial lasted only two days and heard from two expert witnesses, both psychiatrists, who testified he is mentally ill. Both the prosecution and the defence argued that Li cannot be held criminally responsible because he was suffering from schizophrenia and believed God wanted him to kill the victim because the he was a force of evil. Li did not know the victim, Tim McLean, before sitting beside him on the bus, nor did he speak with ... Read Full Story

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Wikipedia has a nice set of legal definitions related to mens rea

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Tony on

* 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 ... Read Full Story

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Mens Rea

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krisnelson on

From: lawschool.ekris.org

MPC levels of culpability: Purposeful Knowing Reckless: know vs. should have known Negligent: different than tort negligence, must be gross deviation Three questions for every statute: 1. GI or SI? (less important in MPC) 2. Level dimension (what is the level of mens rea: P, K, R or N?) 3. Object dimension (to which elements does M/R attach?) State v. Perry College student in MN, lived in dorm, would get dressed in front of window (didn't close blinds), seen by passer's-by Charged with indecent exposure. Found guilty by trial court of intentional exposure, overturned on appeal by supreme court of the state due to ... Read Full Story

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Peeping Paul

Written by

thinkbig on

From: tradereyez.wordpress.com

Did you ever wonder why some traders move from San Francisco to Chicago, Philadelphia, and even New York? Yes, sometimes it’s because there are more lucrative opportunities for them on other trading floors, but sometimes it’s because they are forced to leave in order to save their reputations and start a new life in a new city. Take Paul. Paul had traded for many, many years. While many thought he was a crooked trader due to the extra wide markets he made and the politics in his trading pit, he was viewed as harmless. He had curly hair and glasses, and if you did ... Read Full Story

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Welcome to our wikizine called "Mens rea"

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Tony on

Wikizines are interactive magazines that anyone can create or edit - and this one is called "Mens rea". Here you can find fresh voices and respond in real time. Some members write articles about recent news and trends related to the wikizine's topic, others recount relevant personal stories or share their favorite pictures and video clips. Got an interesting idea or story to share with other members of this wikizine? Well, then put on your journalist's cap and add your own article! Read Full Story

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Thought Crime and Mens Rea

Steve Benen ponders John Boehner on hate crimes: “The Democrats’ ‘thought crimes’ legislation … places a higher value on some lives than others. Republicans believe that all lives are created equal, and should be defended with equal vigilance.” Benen: “if Boehner doesn’t want to consider the circumstances behind a violent crime, and doesn’t want to [...]

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