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- | ====== Mens Rea: The Ultimate Guide to the " | + | |
- | **LEGAL DISCLAIMER: | + | |
- | ===== What is Mens Rea? A 30-Second Summary ===== | + | |
- | Imagine two scenarios. In the first, you're walking down a crowded street, you trip on an uneven paving stone, and your arm flails out, knocking a smartphone from someone' | + | |
- | In both cases, the result is identical: a broken phone. The physical act—the `[[actus_reus]]` or " | + | |
- | **Mens rea**, a Latin term meaning " | + | |
- | * **Key Takeaways At-a-Glance: | + | |
- | * **The Core Principle: | + | |
- | * **Direct Impact on You:** The prosecution must prove your **mens rea** beyond a reasonable doubt; without it, you generally cannot be convicted of a crime, or you may face a much lesser charge. | + | |
- | * **A Critical Distinction: | + | |
- | ===== Part 1: The Legal Foundations of Mens Rea ===== | + | |
- | ==== The Story of Mens Rea: A Historical Journey ==== | + | |
- | The idea that a person should not be punished for an act they did not intend is ancient, but its formal entry into Western law is deeply rooted in English common law. The principle was famously crystallized by the 17th-century English jurist Sir Edward Coke in the maxim: **" | + | |
- | This translates to: **"The act is not culpable unless the mind is guilty." | + | |
- | This powerful idea became a bedrock principle of justice. It meant that the law was concerned not just with the harm caused, but with the moral blameworthiness of the person who caused it. When the American colonies were established, | + |