Logo
Unionpedia
Communication
Get it on Google Play
New! Download Unionpedia on your Android™ device!
Free
Faster access than browser!
 

Mens rea

Index Mens rea

Mens rea (Law Latin for "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. [1]

68 relations: Actus reus, Admission (law), Animus nocendi, Attendant circumstance, Breach of contract, Burden of proof (law), Canadian Charter of Rights and Freedoms, Causation (law), Civil infraction, Civil law (common law), Civil law (legal system), Command responsibility, Common law, Commonwealth Law Reports, Conclusive presumption, Concurrence, Court, Credibility, Crime, Criminal law, Criminal negligence, Culpability, Damages, Defense of infancy, Dishonesty, Due process, Element (criminal law), English law, Evidence (law), Excuse, Flores-Figueroa v. United States, Fraud, He Kaw Teh v The Queen, Henry de Bracton, Imputation (law), Indian Penal Code, Insanity defense, Jurisdiction, Jury, Knowledge (legal construct), Latin, Law Latin, Legal liability, Legislature, Louisiana, M'Naghten rules, Model Penal Code, Morissette v. United States, Motive (law), Plaintiff, ..., Police power (United States constitutional law), Proximate cause, Punishment, R v Nedrick, R v Woollin, Reasonable person, Recklessness (law), Sentence (law), Strict liability, Strict liability (criminal), Supreme Court of Canada, Texas Penal Code, Tort, U.S. state, United States Code, Vagueness doctrine, Voluntary manslaughter, Voluntas necandi. Expand index (18 more) »

Actus reus

Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions of England and Wales, Canada, Australia, India, Kenya, Pakistan, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America.

New!!: Mens rea and Actus reus · See more »

Admission (law)

An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection.

New!!: Mens rea and Admission (law) · See more »

Animus nocendi

In jurisprudence, animus nocendi (Latin animus, "mind" + gerund of noceo, "to harm") is the subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences.

New!!: Mens rea and Animus nocendi · See more »

Attendant circumstance

In law, attendant circumstances (sometimes external circumstances) are the facts surrounding an event.

New!!: Mens rea and Attendant circumstance · See more »

Breach of contract

Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.

New!!: Mens rea and Breach of contract · See more »

Burden of proof (law)

The burden of proof (onus probandi) is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party.

New!!: Mens rea and Burden of proof (law) · See more »

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (La Charte canadienne des droits et libertés), in Canada often simply the Charter, is a bill of rights entrenched in the Constitution of Canada.

New!!: Mens rea and Canadian Charter of Rights and Freedoms · See more »

Causation (law)

Causation is the "causal relationship between conduct and result".

New!!: Mens rea and Causation (law) · See more »

Civil infraction

In common law countries, a civil infraction is a non-criminal violation of a rule, ordinance, or regulation.

New!!: Mens rea and Civil infraction · See more »

Civil law (common law)

Civil law is a branch of the law.

New!!: Mens rea and Civil law (common law) · See more »

Civil law (legal system)

Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.

New!!: Mens rea and Civil law (legal system) · See more »

Command responsibility

Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the legal doctrine of hierarchical accountability for war crimes.

New!!: Mens rea and Command responsibility · See more »

Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

New!!: Mens rea and Common law · See more »

Commonwealth Law Reports

The Commonwealth Law Reports (CLR) are the authorised reports of decisions of the High Court of Australia.

New!!: Mens rea and Commonwealth Law Reports · See more »

Conclusive presumption

A conclusive presumption (in Latin, praesumptio iuris et de iure), also known as an irrebuttable presumption, is a type of presumption used in several legal systems.

New!!: Mens rea and Conclusive presumption · See more »

Concurrence

In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime; except in crimes of strict liability.

New!!: Mens rea and Concurrence · See more »

Court

A court is a tribunal, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.

New!!: Mens rea and Court · See more »

Credibility

Credibility comprises the objective and subjective components of the believability of a source or message.

New!!: Mens rea and Credibility · See more »

Crime

In ordinary language, a crime is an unlawful act punishable by a state or other authority.

New!!: Mens rea and Crime · See more »

Criminal law

Criminal law is the body of law that relates to crime.

New!!: Mens rea and Criminal law · See more »

Criminal negligence

In criminal law, criminal negligence is a surrogate mens rea (Latin for "guilty mind") required to constitute a conventional as opposed to strict liability offense.

New!!: Mens rea and Criminal negligence · See more »

Culpability

Culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction.

New!!: Mens rea and Culpability · See more »

Damages

In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.

New!!: Mens rea and Damages · See more »

Defense of infancy

The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility.

New!!: Mens rea and Defense of infancy · See more »

Dishonesty

Dishonesty is to act without honesty.

New!!: Mens rea and Dishonesty · See more »

Due process

Due process is the legal requirement that the state must respect all legal rights that are owed to a person.

New!!: Mens rea and Due process · See more »

Element (criminal law)

Under United States law, an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime.

New!!: Mens rea and Element (criminal law) · See more »

English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

New!!: Mens rea and English law · See more »

Evidence (law)

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding.

New!!: Mens rea and Evidence (law) · See more »

Excuse

In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation.

New!!: Mens rea and Excuse · See more »

Flores-Figueroa v. United States

Flores-Figueroa v. United States, 556 U.S. 646 (2009), was a decision by the Supreme Court of the United States, holding that the law enhancing the sentence for identity theft requires proof that an individual knew that the identity card or number he had used belonged to another, actual person.

New!!: Mens rea and Flores-Figueroa v. United States · See more »

Fraud

In law, fraud is deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.

New!!: Mens rea and Fraud · See more »

He Kaw Teh v The Queen

He Kaw Teh v R,.

New!!: Mens rea and He Kaw Teh v The Queen · See more »

Henry de Bracton

Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist.

New!!: Mens rea and Henry de Bracton · See more »

Imputation (law)

In law, the principle of imputation or attribution underpins the concept that ignorantia juris non excusat—ignorance of the law does not excuse.

New!!: Mens rea and Imputation (law) · See more »

Indian Penal Code

The Indian Penal Code (IPC) is the main criminal code of India.

New!!: Mens rea and Indian Penal Code · See more »

Insanity defense

The insanity defense, also known as the mental disorder defense, is a defense by excuse in a criminal case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act.

New!!: Mens rea and Insanity defense · See more »

Jurisdiction

Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law.

New!!: Mens rea and Jurisdiction · See more »

Jury

A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.

New!!: Mens rea and Jury · See more »

Knowledge (legal construct)

In law, knowledge is one of the degrees of mens rea that constitute part of a crime.

New!!: Mens rea and Knowledge (legal construct) · See more »

Latin

Latin (Latin: lingua latīna) is a classical language belonging to the Italic branch of the Indo-European languages.

New!!: Mens rea and Latin · See more »

Law Latin

Law Latin, sometimes written L.L. or L. Lat., and sometimes derisively called Dog Latin, is a form of Latin used in legal contexts.

New!!: Mens rea and Law Latin · See more »

Legal liability

In law, liable means "esponsible or answerable in law; legally obligated." Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies.

New!!: Mens rea and Legal liability · See more »

Legislature

A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city.

New!!: Mens rea and Legislature · See more »

Louisiana

Louisiana is a state in the southeastern region of the United States.

New!!: Mens rea and Louisiana · See more »

M'Naghten rules

The M'Naghten rule (pronounced, and sometimes spelled, McNaughton) is any variant of the 1840s jury instruction in a criminal case when there is a defense of insanity: The rule was formulated as a reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond, whom M'Naghten had mistaken for British Prime Minister Robert Peel.

New!!: Mens rea and M'Naghten rules · See more »

Model Penal Code

The Model Penal Code (MPC) is a text designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States of America.

New!!: Mens rea and Model Penal Code · See more »

Morissette v. United States

Morissette v. United States,, is a U.S. Supreme Court case, relevant to the legal topic of criminal intent.

New!!: Mens rea and Morissette v. United States · See more »

Motive (law)

A motive, in law, especially criminal law, is the cause that moves people to induce a certain action.

New!!: Mens rea and Motive (law) · See more »

Plaintiff

A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court.

New!!: Mens rea and Plaintiff · See more »

Police power (United States constitutional law)

In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants.

New!!: Mens rea and Police power (United States constitutional law) · See more »

Proximate cause

In the law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury.

New!!: Mens rea and Proximate cause · See more »

Punishment

A punishment is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behaviour that is deemed undesirable or unacceptable.

New!!: Mens rea and Punishment · See more »

R v Nedrick

R v Nedrick (Ransford Delroy) (1986) 8 Cr. App. R. (S.) 179 is an English criminal law case dealing with mens rea.

New!!: Mens rea and R v Nedrick · See more »

R v Woollin

R v Woollin is a case in English criminal law, in which the subject of intention within mens rea was examined and refined.

New!!: Mens rea and R v Woollin · See more »

Reasonable person

In law, a reasonable person, reasonable man, or the man on the Clapham omnibus is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions.

New!!: Mens rea and Reasonable person · See more »

Recklessness (law)

In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action.

New!!: Mens rea and Recklessness (law) · See more »

Sentence (law)

A sentence is a decree of punishment of the court in criminal procedure.

New!!: Mens rea and Sentence (law) · See more »

Strict liability

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

New!!: Mens rea and Strict liability · See more »

Strict liability (criminal)

In criminal law, strict liability is liability for which mens rea (Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus (Latin for "guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense.

New!!: Mens rea and Strict liability (criminal) · See more »

Supreme Court of Canada

The Supreme Court of Canada (Cour suprême du Canada) is the highest court of Canada, the final court of appeals in the Canadian justice system.

New!!: Mens rea and Supreme Court of Canada · See more »

Texas Penal Code

The Texas Penal Code is the principal criminal code of the State of Texas.

New!!: Mens rea and Texas Penal Code · See more »

Tort

A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.

New!!: Mens rea and Tort · See more »

U.S. state

A state is a constituent political entity of the United States.

New!!: Mens rea and U.S. state · See more »

United States Code

The Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the general and permanent federal statutes of the United States.

New!!: Mens rea and United States Code · See more »

Vagueness doctrine

In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand.

New!!: Mens rea and Vagueness doctrine · See more »

Voluntary manslaughter

Voluntary manslaughter is the killing of a human being in which the offender acted during the heat of passion, under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they can't reasonably control their emotions.

New!!: Mens rea and Voluntary manslaughter · See more »

Voluntas necandi

In jurisprudence, voluntas necandi (Latin voluntas, "will" + gerund of neco, "to kill") describes the animus nocendi of a person who willfully kills another human being.

New!!: Mens rea and Voluntas necandi · See more »

Redirects here:

Guilty mind, Indictment Consideration, Men's rea, Menas rea, Mens Rea, Mensrea.

References

[1] https://en.wikipedia.org/wiki/Mens_rea

OutgoingIncoming
Hey! We are on Facebook now! »