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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:

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

#intent

<br>2.  knowledge

#knowledge

<br>3.  recklessness

#recklessness

<br>4.  negligence

#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.

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.”<ref>William Blackstone, Commentaries 21.</ref> 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''.

William Blackstone famously observed, “in order to have a crime, there must be a vicious will.”<ref>William Blackstone, Commentaries 21.</ref> 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 ==

== References ==