mens rea


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  • noun

Synonyms for mens rea

References in periodicals archive ?
The court cited a precedence of the Sudanese case of Sudan government Vs Fatima Hussein reported in SLJR 1966 at page 75-80; it has been remarked in the Sudan by Imam J "its clear that for any crime to be complete, generally speaking, requirement of the law concerning mens rea and actus reus (action and intention) must both be satisfied else no crime would have been committed and the accused would be entitled to an acquittal".
4) The problem is not merely that social norms thwart effective prosecution; if we truly care about culpability, sometimes they must, because social and cultural norms are integral to a defendant's mens rea.
That's a serious problem, which is why mens rea reform has garnered bipartisan support in the House of Representatives.
Accordingly, the recognition that genocide requires the proof of a mens rea element in the establishment of both state and individual responsibility is not inconsistent with the general conceptual scheme described above.
In other words, mens rea was getting in the way of securing convictions, when public welfare was at issue.
In light of these changes, maintaining a traditional view of the role of mens rea will provide an increasingly important bulwark against inadvertently criminalizing expression that in fact deserves First Amendment protection.
CRIMINAL LAW ESTABLISHES two tests for culpability: whether the defendant committed an actus reus, or an illegal act, and whether he possessed mens rea, or a guilty mind.
Whether something is a "blasphemous libel" is a matter left to the jury to decide on a case-by-case basis, and the cases disagree on what the mens rea for the crime is.
It is vitally important for people like Tom Fox and courageous leaders in the Survivors Network of those Abused by Priests to continue their efforts to expose the mens rea of the Roman Catholic church, thus ridding the church of these egregious scourges.
Section 10(b), however, prohibits only intentional or reckless deception, and there has never been consensus as to how to determine whether an organization, rather than a natural person, harbors the relevant mens rea.
To prove a charge of murder they must prove the actus reus, act of killing, and mens rea, the intention.
Given the axiom that a competent prosecutor can persuade a grand jury to indict a ham sandwich, and given the proliferation of criminal statutes and regulations backed by criminal penalties, what becomes of the mens rea principle that people deserve criminal punishment only if they engage in conduct that is inherently wrong or that they know to be illegal?