3. Mens Rea: The Mental Element

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Mens Rea ◽  
Criminal Offence ◽  
Legal Term ◽  
Mental Element

Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. This chapter considers the following concepts that are used throughout criminal law: (a) intention, (b) recklessness, (c) negligence, and (d) knowledge.

3. Mens Rea: The Mental Element

Criminal Law ◽  
2020 ◽  
pp. 129-209
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Mens Rea ◽  
Criminal Offence ◽  
Legal Term ◽  
Mental Element

Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. This chapter considers the following concepts that are used throughout criminal law: (a) intention; (b) recklessness; (c) negligence; and (d) knowledge.

2. Fundamental Principles of Criminal Liability—Actus Reus and Mens Rea

2020 ◽  
pp. 5-29
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

2. Fundamental Principles of Criminal Liability— Actus Reus and Mens Rea

2016 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

2. Fundamental Principles of Criminal Liability— Actus Reus and Mens Rea

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

3. Mens rea: intention, recklessness, negligence and gross negligence

2020 ◽  
pp. 87-138
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mens Rea ◽  
Court Decisions ◽  
Criminal Offence ◽  
Criminal Punishment ◽  
Mental Element ◽  
High Degree

This chapter focuses on mens rea (MR), the mental element of a criminal offence, and discusses some of the components of MR, which include intention, recklessness, negligence and gross negligence. It explains that intention can either be direct or oblique and that recklessness may be defined as the conscious taking of an unjustified risk. It also explains how to distinguish between negligence and gross negligence: negligence is unreasonable conduct that creates risk while gross negligence is a high degree of negligence deserving criminal punishment. The chapter also considers several examples of cases relevant to MR and analyses the court decisions in each of them.

scholarly journals Vai Krimināllikuma norādes par noziedzīgo nodarījumu vainas formām ir pietiekoši skaidras?

2021 ◽  
pp. 501-509
Author(s):  
Māris Leja ◽  
Keyword(s):  
Criminal Law ◽  
Legal Theory ◽  
Mens Rea ◽  
Legal Certainty ◽  
Criminal Offense ◽  
Legal Provisions ◽  
Mental Element ◽  
The Law

The article deals with the flaws of the Criminal Law in determination of the particular form of mental element (mens rea) which is required for the specific criminal offense. Taking into account that the majority of legal provisions does not contain such indications, one of the elements of criminal offense is not described by the law. Such legislator`s approach raises doubts about the compliance of the Criminal Law with the principle of legal certainty. The article also criticizes opinions expressed in legal theory that attempt to fill the gaps allowed by the legislator, as well as offers amendments to the Criminal Law aiming to improve its coherence.

3. Mens rea: intention, recklessness, negligence and gross negligence

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mens Rea ◽  
Court Decisions ◽  
Criminal Offence ◽  
Criminal Punishment ◽  
Mental Element ◽  
High Degree

This chapter focuses on Mens Rea (MR), the mental element of a criminal offence, and discusses some of the components of MR, which include intention, recklessness, negligence and gross negligence. It explains that intention can either be direct or oblique and that recklessness may be defined as the conscious taking of an unjustified risk. It also explains how to distinguish between negligence and gross negligence: negligence is unreasonable conduct that creates risk while gross negligence is a high degree of negligence deserving criminal punishment. The chapter also considers several examples of cases relevant to MR and analyses the court decisions in each of them.

Criminal Law Basics and the Willful Ignorance Doctrine

2019 ◽  
pp. 7-26
Author(s):  
Alexander Sarch
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Mental State ◽  
Mens Rea ◽  
Normative Claim ◽  
Willful Ignorance ◽  
Starting Point

Chapter 1 sets the stage. The author’s starting point is the willful ignorance doctrine, since it is the source from which the author will eventually extract his general theory of equal culpability mental state imputation. After explaining core criminal law concepts (particularly the mens rea concepts), the author introduces the willful ignorance doctrine, its history, and the normative claim it is premised on—namely, the equal culpability thesis. Situating this doctrine in the broader criminal law context reveals the questions to be tackled in the book, and the chapter ends by indicating the sorts of answers the author will go on to develop.

Prolegomenon to Part III

2021 ◽  
pp. 231-236
Author(s):  
A P Simester
Keyword(s):  
Criminal Law ◽  
Mens Rea ◽  
Criminal Offence ◽  
Full Account ◽  
American Law ◽  
Anglo American ◽  
The Relationship

This chapter provides an overview of Part III of the book, which focuses on the principles of culpability and wrongdoing in criminal law. The culpability principle mandates that conviction of a criminal offence, or at least of a stigmatic criminal offence, should not normally occur unless the accused is (morally) culpable with respect to committing that offence. The wrongdoing and culpability principles are intertwined. Paradigmatically, one does not convict defendants of ‘being a criminal’; one convicts them of a named wrong. Ultimately, a full account of culpability in the criminal law demands an account of the relationship between culpability, wrongdoing, mens rea, and defences: and of how the criminal law reflects that; or at least, of how Anglo-American law would reflect that, were it to satisfy the culpability principle.

Intention and Belief at the Root of Moral Culpability and Legal Mens Rea

2020 ◽  
pp. 87-116
Author(s):  
Michael S. Moore
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Mental States ◽  
Mens Rea ◽  
Brain Sciences ◽  
Moral Culpability ◽  
The Brain

In addition to action, responsibility in morality and in the criminal law requires that a certain mental state accompany that action. In criminal law this is termed the requirement of mens rea, or “guilty mind.” The mens rea requirements of the criminal law and of morality are built entirely out of the concepts of intention and belief. These concepts are charted in some detail, both with respect to their nature and with respect to the content they must have to give an accused a “guilty mind.” The demands made on psychology by such use of intention and belief in the criminal law are also charted, particularly demands on the precision with which the brain sciences can ascertain the content of such mental states.

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