mens rea

Definition

A reactive mind, a conscious knowing by the individual that an act was committed, either by themselves or by another.

Etymology

From Latin mēns + reus (literally “guilty mind”), from the English common law precept Actus non facit reum nisi mens rea sit ("The act does not make a person guilty unless the mind is also guilty").

Example Sentences

• "As a general rule the act (or omission) causing death and the relevant mens rea must occur at the same time. The most obvious application of this rule to exclude liability is the case where the mens rea is formed after the actus reus has taken place."
• "The criminal offences not requiring a mens rea proof for convictions are then specifically indicated in the legislature as being under “strict liability.”"
• "The majority of serious criminal offences require, in addition to the actus reus, a specific state of mind on the part of the accused, usually referred to as the mens rea. Many less serious crimes require no mens rea, but simply proof that the defendant caused the prohibited harm."