What Does The Term "Mens Rea" Mean?

Law And Order Criminal Intent Series Finale - What Does The Term "Mens Rea" Mean?

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Many citizen wonder how the law distinguishes between someone who deliberately set out to cause harm to someone and an operation that accidentally resulted in harm.

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Law And Order Criminal Intent Series Finale

There is an old Latin term used in the law, particularly criminal law, that is called "mens rea." Mens rea (pronounced, menz ray uh) means "guilty mind" and is a concept gift in most criminal laws that distinguishes between an accidental event and an intentional act, even if they both consequent in the same harm caused to someone's life, someone or property.

For example, a defendant who is on trial for murder must be shown to have not only caused the death of another, but also shown to have intended to commit an unlawful act. consideration that the state does not have to prove that the defendant intended to cause a person's death, but that the intent was to do something that was against the law.

This means that if someone's death resulted from a defendant's actions while in the act of committing a robbery, the intent to break the law for a robbery is carried over to the death of the victim.

Recklessness is also a mens rea. For example, if a defendant was driving at high speeds straight through a residential neighborhood and a death occurs as a result, that criminal recklessness is adequate recklessness for a fee of manslaughter.

Traditional, most criminal statutes required some level of moral culpability in order to find a defendant guilty. For example, suppose a hunter is expensed with murder after accidentally shooting someone else hunter while out in the woods during hunting season. If the shooter's criminal defense lawyer [http://www.askcrimelawyer.blogspot.com] can show that he did not act with malice, criminal intent or recklessness, he cannot be found guilty of murder.

On the other hand, there are some laws that are called "strict liability statutes," which do not need any level of intent in order to be found guilty. These are fairly modern criminal laws that do not need a proving of mens rea. ordinarily these laws are enacted because collective course demands that would-be defendants know the law and make indeed determined of their actions.

Statutory rape laws of having sex with a minor, or laws forbidding the sale of alcohol to minors are examples of correct liability laws. These laws indeed need that an adult having consensual sex know that the partner is not a minor, or that a jobber of alcohol know that the someone buying alcohol is a legal adult. Again, such laws are passed because our society demands correct liability in the compliance of these actions.

Other correct liability laws are often federal regulations, such as tax laws, environmental protection laws and health care regulations. In other words, if you violate an obscure wage tax law, you are still guilty of violating the law, regardless of either you intended to or not.

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