While reading the latest crime novel thriller or your favorite rerun of Law & Order, you have likely heard the term mens rea. You may have wondered what exactly is mens rea. This article, the third in a series about criminal law, will answer that question.
Mens rea literally means "guilty mind." Basically, all crimes have two components: the actus reus and the mens rea. The actus reus consists of the physical acts or elements of a crime. Take, for example, the following hypothetical criminal statute: "whosoever shall knowingly break and enter into a domicile not their own with the intent to commit a felony inside shall be guilty of burglary. The actus reus for burglary, as defined in the statue, would be "breaking" and "entering."
Mens rea, then, is the criminal intent or mind-set the prosecution must prove to secure a criminal conviction. The actus reus and the mens rea must coincide to form the commission of a crime. Most American jurisdictions follow the common law definitions of mens rea, while others use the definitions of the Model Penal Code, or MPC. The MPC was an effort of prominient judges, lawyers, and professors to modernize and standardize criminal law across the 50 states. This article focuses on the definition and types of mens rea under the common law.
Mens rea literally means "guilty mind." Basically, all crimes have two components: the actus reus and the mens rea. The actus reus consists of the physical acts or elements of a crime. Take, for example, the following hypothetical criminal statute: "whosoever shall knowingly break and enter into a domicile not their own with the intent to commit a felony inside shall be guilty of burglary. The actus reus for burglary, as defined in the statue, would be "breaking" and "entering."
Mens rea, then, is the criminal intent or mind-set the prosecution must prove to secure a criminal conviction. The actus reus and the mens rea must coincide to form the commission of a crime. Most American jurisdictions follow the common law definitions of mens rea, while others use the definitions of the Model Penal Code, or MPC. The MPC was an effort of prominient judges, lawyers, and professors to modernize and standardize criminal law across the 50 states. This article focuses on the definition and types of mens rea under the common law.
Comments
I am so glad you wrote this. You're explanation is clear, thorough, and easy for (we) lay folk to grasp. And, thank you for including that admonition that sometimes only the actus reus is required. I'm disappointed to hear that - and will probably research that further. I wish more folks (legal scholars or no) would write to these elemental matters. Thanks again for a very clear and readible piece of writing. :)
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