mens rea


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  • noun

Synonyms for mens rea

References in periodicals archive ?
Traditionally, under federal law, mens rea is imputed to organizations via agency principles, such as respondeat superior.
103) And, while the mens rea "was not clearly spelled out" in those cases, a fair inference was that they "required that the event must have been predictable.
actus reus and the mens rea as distinct and conceptually separate
liability crimes dispense with the typical mens rea requirements and
requiring the government to prove some mens rea element, including mere
Marie established the mens rea standard for criminal culpability where no threshold is specified within the governing statute.
Reform of the mens rea element also suggests a larger question in
71) Thus, it was clear to Judge Jasen that "depraved indifference" was part of the mens rea and that Register should have been permitted to introduce proof of intoxication in order to call into question his culpability as to that element of the statute.
Offences in which mens rea, consisting of some positive state of mind such as intent, knowledge, or recklessness must be proved by the prosecution either as an inference from the nature of the act committed or by additional evidence.
Assuming evidence of the stipulated facts, this would be sufficient to establish the actus reus and mens rea for the offence and convict C of murder.
Il faut par consequent envisager de creer une categorie distincte d'infractions de responsabilite stricte comprenant une peine d'emprisonnement, a l'egard desquelles la poursuite sera tenue de prouver la mens rea (soit l'intention coupable) de la partie defenderesse et ce, afin de justifier le recours a l'incaredration sur declaration de culpabilite.
to contend that "Ayat" of Holy Qur'an are included in the book of Nimaz; that no litigation whatsoever was pending regarding the houses of Christians; that the existence or non-existence of mens rea is a question of fact, which cannot be decided in extraordinary constitutional jurisdiction at all learned counsel then while relying upon Article 199 of the Constitution of the Islamic of Pakistan, 1973 strenuously urged that the said provision can be invoked where an efficacious alternate remedy is not available; whereas in the case in hand the petitioner may file application under Section 265-K Cr.
7) Despite current hurdles to the admissibility of neuroimaging evidence, it has potential to inform capacity determinations, assist with determining mental responsibility, and suggest whether an accused possessed an appropriate level of criminal mens rea.
There cannot be cheating without mens rea ( criminal intention).