mens rea
- 01 C2 Proficiency
the mental state of knowing you are doing something wrong when you commit a crime.
the state of mind that the prosecution must prove a defendant had to secure a conviction for a particular crime. It is the subjective element of an offence, distinct from the physical act.
Simple“The lawyer argued that his client lacked the mens rea to commit fraud because he made an honest mistake.”
In context“To secure a conviction for first-degree murder, the prosecution must establish both the actus reus and the specific mens rea of premeditation.”
UsageUsually functions as an uncountable noun in legal discourse; often paired with its counterpart 'actus reus'.
Teacher's tipThis is a highly technical Latin term used in legal contexts; students should understand it as the 'mental' part of a crime versus the 'physical' part.
SynonymsAntonymsactus reus
contrast with 'actus reus' (the physical act of the crime) to help students understand the two components required for criminal liability in common law systems.