Update
The Oxford Biblical Studies Online and Oxford Islamic Studies Online have retired. Content you previously purchased on Oxford Biblical Studies Online or Oxford Islamic Studies Online has now moved to Oxford Reference, Oxford Handbooks Online, Oxford Scholarship Online, or What Everyone Needs to Know®. For information on how to continue to view articles visit the subscriber services page.
Dismiss

View:

Overview

mens rea

Subject: Law

The subjective element for criminality, requires that a defendant have both a culpable state of mind (for instance, not be insane or coerced) and the particular mental state, such as ... ...

mens rea

mens rea n.   Quick reference

A Dictionary of Psychology (4 ed.)

Reference type:
Subject Reference
Current Version:
2015

... rea n. A legal term denoting criminal intent and knowledge of the wrongness of a criminal act, the criminal act itself being called the actus reus . For a defendant to be convicted of a crime, both an actus reus and a mens rea must normally be proved. See also insanity , McNaghten rules . [From Latin mens mind + rea ...

mens rea

mens rea   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
241 words

...part of the mens rea (for example, the crime of receiving stolen goods requires the knowledge that they were stolen). Some crimes require no mens rea ; these are known as crimes of strict liability . Whenever mens rea is required, the prosecution must prove that it existed at the same time as the actus reus of the crime (coincidence of actus reus and mens rea : R v Le Brun [ 1992 ] QB 61). A defendant cannot plead ignorance of the law, nor is a good motive a defence. He may, however, bring evidence to show that he had no mens rea for the crime...

mens rea

mens rea   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
252 words

...as part of the mens rea (for example, the crime of receiving stolen goods requires the knowledge that they were stolen). Some crimes require no mens rea ; these are known as crimes of strict liability (for example using a motor vehicle on a road without insurance). Whenever mens rea is required, the prosecution must prove that it existed at the same time as the actus reus of the crime (coincidence of actus reus and mens rea : R v Le Brun [ 1992 ] QB 61). A defendant cannot plead ignorance of the law, nor is a good motive a defence. He...

mens rea

mens rea   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
198 words

...mens rea ( common law criminal jurisdictions only) The mental or fault element of an offence necessary (for most offences) to establish criminal responsibility. Latin, usually pronounced ‘mens ray -uh’ and translated as ‘guilty mind’. Most crimes comprise mens rea and actus reus (external factors such as the conduct, circumstance and consequence that supply the necessary physical elements of the offence); the mens rea supplies the necessary moral culpability. For common law offences mens rea consists of intention, recklessness or knowledge or...

mens rea

mens rea   Quick reference

A Dictionary of Forensic Science

Reference type:
Subject Reference
Current Version:
2013
Subject:
Science and technology, Law
Length:
30 words

... rea Literally ‘guilty mind’, the term refers to a perpetrator's state of mind when committing a crime as either having criminal intent or being reckless but without criminal...

mens rea

mens rea   Quick reference

A Dictionary of Philosophy (3 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
Philosophy
Length:
117 words

... mens rea (Latin, a guilty mind) In many systems of law, criminal guilt requires not only that an act was performed ( actus reus ) but also that it was performed with an appropriate mind-set. Having the intention to perform a crime is sufficient, but not necessary to mens rea . Foreseeing a side-effect such as a death could count, even if the death is not intended, and reckless negligence could also constitute mens rea . In wider contexts than law the phenomenon of moral luck means that people may acquire a burden of guilt or shame without having...

Mens rea

Mens rea   Quick reference

Guide to Latin in International Law (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
116 words

...Mens rea . māns rā´a . menz rā´u. n . “A guilty thought.” The element of mental guilt necessary for a finding of criminality, except in strict or absolute liability offenses. Most crimes require not only the performance of a prohibited physical act ( actus reus ), but wrongful intent ( mens rea ) as well. E.g., “The coordinated fashion and number of crimes is an indication of the existence of an organized scheme. Kordić had the necessary mens rea since he intended the crimes or accepted the risk that they would be committed.” Prosecutor v. Kordić ,...

Mens Rea

Mens Rea   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
55 words

... Rea , the subjective element for criminality, requires that a defendant have both a culpable state of mind (for instance, not be insane or coerced) and the particular mental state, such as intent, knowledge, recklessness, or negligence, required for the commission of a specific crime. See also Actus Reus ; Criminal Law Principles David S....

Actus non facit reum, nisi mens sit rea

Actus non facit reum, nisi mens sit rea   Quick reference

Guide to Latin in International Law (2 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
86 words

...Actus non facit reum, nisi mens sit rea . ak´tūsnōn fa´kētrā´ūm, nē´sē māns sētrā´a . âk´tus nan fâ´sit rā´um, ni´zē menz sit rā´u. “The act does not make evil unless the spirit is evil.” A doctrine providing that an act is not culpable ( e.g ., criminal) unless performed with malignant intent. In international law, this doctrine applies most commonly to the crime of genocide, which is said to require a specific intent ( mens rea ) to extinguish a defined group. See also Dolus specialis and Mens rea...

actus non facit reum nisi mens sit rea

actus non facit reum nisi mens sit rea   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
92 words

...non facit reum nisi mens sit rea [Latin: an act is not necessarily a guilty act unless the accused has the necessary state of mind required for that offence] The maxim that, generally, a person cannot be guilty of a crime unless two elements are present: the actus reus (“guilty act”) and the mens rea (“guilty mind”). Most criminal offences require (1) an actus reus (conduct “external” to the defendant’s thoughts and intentions) and (2) a mens rea (a specific state of mind on the part of the...

actus non facit reum nisi mens sit rea

actus non facit reum nisi mens sit rea   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
92 words

...non facit reum nisi mens sit rea [Latin: an act is not necessarily a guilty act unless the accused has the necessary state of mind required for that offence] The maxim that, generally, a person cannot be guilty of a crime unless two elements are present: the actus reus (‘guilty act’) and the mens rea (‘guilty mind’). Most criminal offences require (1) an actus reus (conduct ‘external’ to the defendant's thoughts and intentions) and (2) a mens rea (a specific state of mind on the part of the...

mens rea

mens rea noun phrase   Reference library

The Oxford Essential Dictionary of Foreign Terms in English

Reference type:
Subject Reference
Current Version:
2002
Subject:
Language reference
Length:
28 words

... rea noun phrase M19 Latin (= guilty mind). Law The state of mind accompanying an illegal act that makes the act a crime; criminal state of...

mens rea

mens rea noun   Reference library

The New Zealand Oxford Dictionary

Reference type:
English Dictionary
Current Version:
2005
Subject:
English Dictionaries and Thesauri
Length:
19 words
mens rea

mens rea noun   Quick reference

New Oxford American Dictionary (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
59 words
mens rea

mens rea noun   Quick reference

Oxford Dictionary of English (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
73 words
mens rea

mens rea noun   Reference library

The Canadian Oxford Dictionary (2 ed.)

Reference type:
English Dictionary
Current Version:
2005
Subject:
English Dictionaries and Thesauri
Length:
38 words
mens rea

mens rea noun   Reference library

Australian Oxford Dictionary (2 ed.)

Reference type:
English Dictionary
Current Version:
2004
Subject:
English Dictionaries and Thesauri
Length:
40 words
mens rea

mens rea  

Reference type:
Overview Page
Subject:
Law
The subjective element for criminality, requires that a defendant have both a culpable state of mind (for instance, not be insane or coerced) and the particular mental state, such as ...
actus reus non facit reum nisi mens sit rea

actus reus non facit reum nisi mens sit rea  

Reference type:
Overview Page
Subject:
Law
[Latin: an act is not necessarily a guilty act unless the accused has the necessary state of mind required for that offence]The maxim that, generally, a person cannot be guilty of a crime unless two ...
Essay with Commentary on Post-Biblical Jewish Literature

Essay with Commentary on Post-Biblical Jewish Literature   Reference library

Philip S. Alexander

The Oxford Bible Commentary

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
48,106 words
Publisher:
Oxford University Press

...first fruits of the bread (20) and the win[e, and shall be the first to reach out] his hand to the bread. Thereaf[ter], the Messiah of Israel [shall rea]ch out his hand (21) to the bread, [and then] all the congregation of the community [shall pronounce a bles]sing, [each man in the order] of his dignity. And it is according to this statute that [they] shall proceed (22) at every me[al at which] at least ten men are [gat]hered together. Comment: According to Qumran theology there would be two Messiahs—a priestly (the Messiah of Aaron) and a political (the...

View: