What is Mens Rea?

Mens Rea Definition

Mens rea is Latin for "the intending mind."

• In Criminal Law, mens era is viewed as one of the necessary elements for many crimes.
• The standard common law test for criminal liability is generally expressed in the Latin phrase: actus reuse non fact rheum nidi mens sit rea.  This means "the act is not culpable unless the mind is guilty.
• In jurisdictions with "due process", there must be an "acts reus" which is a guilty act.  This must be accompanied by some level of mens era in order to constitute the crime with which the defendant is charged.  (Also see concurrence)
• Criminal liability does not attach to a person who merely acted with the absence of mental fault.  (There is an exception in strict liability crimes).

CIVIL LAW

• It is usually not necessary to prove a subjective mental element in order to establish liability for breach of contract or tort issues.  
• However, if there is a tort that is committed intentionally or a contract that is breached intentionally, the intent may increase the scope of liability as well as the measure of damages that are payable to a plaintiff in the case.

TRADITIONAL COMMON LAW 

1. actus reus: unlawful killing of a human being;
2. mens rea: malice aforethought.

MODERN LAW

The analysis is somewhat different.

Homicide is a "results" crime.  This means that it forbids any "intentional" or "knowing" conduct that results in the death of another human being. 

"Intentional" in the modern sense means the actor possessed a "purpose" or "desire" that his or her objective (i.e. death of another human being) be achieved. "Knowing" means that the actor was aware or pretty much certain that the death would occur as a result. 

Thus, the actus reus and mens rea of homicide in a modern criminal statute can be considered as follows:

1. actus reus: any conduct resulting in the death of another individual;
2. mens rea: intent or knowledge that the conduct would result in the death.