Term of art referring to a "guilty mind," and a required element for some crimes.
Canonical answers:
Questions tagged [mens-rea]
20 questions
26
votes
3 answers
Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?
Lets say I want something to happen but doing it directly would be a crime. This is one crime that requires intent or mens rea.
So I hunt down an innocent third party, someone naïve, perhaps even a child, and I tell them they should go do some…
dsollen
- 10,179
- 7
- 59
- 116
13
votes
2 answers
What is willful blindness?
A couple nights ago the BBC was discussing a case ongoing with a famous person.
I did not catch most it but they said that federal law has a wilful blindness charge and in state courts a person could say "I see nuthing, I hear nuthing, I know…
crip659
- 313
- 1
- 7
12
votes
3 answers
Does indecent exposure require intentionality?
Meet Bob. Bob went out on the town wearing boxer shorts which in itself is entirely legal. A security guard pointed out to Bob that his shorts were unbuttoned so Bob buttoned them up. They later accused Bob of having his genitals hanging visibly out…
JosephCorrectEnglishPronouns
- 6,409
- 4
- 31
- 75
12
votes
6 answers
Can you get into trouble for driving after somebody spiked your drink?
Hypothetical:
Some ladies go on a night-on-the-town. One of the ladies is the sober driver and only drinks coke at the bar.
The sober driver had her drink spiked and as the party leaves she drives everyone back home. Somehow she escapes assault but…
Neil Meyer
- 7,825
- 1
- 37
- 81
9
votes
2 answers
Obligations based on disputed assertions
When a law requires someone to do something when certain circumstances exist, is it strict liability? Does a fact-finder finding that those circumstances did in fact exist automatically establish criminal liability for not doing the thing required,…
Acccumulation
- 6,689
- 13
- 32
8
votes
2 answers
Lack of mens rea defence to robbery
Rob forcibly grabs an item from Bob's hands, genuinely believing that it is his (Rob's) item and that Bob is possessing it unlawfully. Rob does so while knowing that Bob contends that the item is his (Bob's); however, Rob is sure that Bob is wrong…
Greendrake
- 28,487
- 5
- 71
- 135
6
votes
2 answers
How does good faith defense work with a strict liability law?
I was scanning Wikipedia's article on strict liability in the US and it has this quote:
However, in United States v. Kantor,[15] which concerned underage pornographic actress Traci Lords, the Ninth Circuit Court of Appeals introduced a "good faith"…
dsollen
- 10,179
- 7
- 59
- 116
4
votes
1 answer
If one is mistaken about whether consent is required, is that a defence to sexual assault in Canada or similar jurisdictions?
In "Canadian man found not guilty of raping wife", a sexual assault prosecution failed due to mens rea because it wasn't proved that the man knew his behaviour was illegal. Not because he didn't know that the sex was not consensual, just that he…
Golden Cuy
- 512
- 2
- 17
4
votes
1 answer
How does a prosecutor determine intent?
When prosecutors look at a statute, how do they determine the requirements to prove intent?
For example, look at this statute:
“Whoever knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized…
London Jennings
- 71
- 1
- 4
3
votes
2 answers
Does US criminal law recognize objective elements that don't require mens rea?
In German law, there is a legal construct called "Tatbestandsannex" or "objektive Bedingung der Strafbarkeit". These are necessary conditions for criminal liability for which no corresponding mens rea is necessary. An example would be § 231 I StGB…
G. Bach
- 427
- 3
- 11
3
votes
2 answers
Does Mens rea need to be concious?
Mens rea or "guilty mind" is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes.
Consciousness is a tricky…
User65535
- 10,342
- 5
- 40
- 88
3
votes
1 answer
Can you establish a "guilty mind" if the defendant is a victim of blackmail?
For many criminal offences, from what I understand, you have to establish 2 aspects: actus reus (the act of crime), and mens rea (the guilty mind). The mens rea can be many things: from as direct as having the intention to commit a crime, to as…
RobertPham
- 329
- 2
- 4
3
votes
3 answers
If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?
As the title suggested. if a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?
I'd think he did, since I have seen a lot of cases where the police went undercover to arrest guys who think they are…
Taylor Fang
- 133
- 3
3
votes
1 answer
Does the UK have an equivalent to the Cheek defence?
In essence, in the UK, can someone raise a defence of an unreasonable yet good-faith misunderstanding if charged with tax evasion?
In Cheek v. US, the US Supreme Court stated that a defendant’s mere honest belief that their actions were not…
BakedAlaska624
- 1,313
- 10
- 17
2
votes
1 answer
Can a jury find guilt based mainly on "mens rea?"
In the actual Frank Quattrone case, the conviction of the investment banker was overturned by an appeallate court, because the trial judge had wrongly instructed the jury to disregard "mens rea" (guilty knowledge) in ordering the destruction of…
Libra
- 6,720
- 5
- 28
- 56