Mens rea
From Conservapedia
Mens rea is the mental state of a criminal defendant. In Latin it means "Guilty mind". Usually there are four levels of mens rea in crimes, in descending order of culpability:
1. intent
2. knowledge
3. recklessness
4. negligence
The trend in trials and in legislation has been to weaken the requirement of proof of mens rea. A utilitarian view of justice does not depend on mens rea, while a moral view of justice does. Mens rea usually combined with actus reus is used to produce criminal liability.
William Blackstone famously observed, “in order to have a crime, there must be a vicious will.”[1] However, in the modern regulatory state there are increasing attempts, particularly at the federal level, to create crimes that do not require proof of mens rea.
References
- ↑ William Blackstone, Commentaries 21.
