What Is Mens Rea?

Mens rea, Latin words meaning a "guilty mind", is a term used in criminal law. It is used to refer to criminal intent. It is the state of mind which indicates culpability, required as one of the elements of a crime by statute. It refers to the mental state of the accused when committing the actus reas (act of the crime). It can be broadly classified as intention, recklessness (sometimes called willful blindness) or criminal negligence. The terms and their interpretations may vary but the substance is the same. Foresight and desire (in a dispassionate sense) are key elements. The motive behind an alleged crime is another important element. There are both subjective and objective tests to establish the existence of mens rea. Some crimes, called strict liability crimes, on the other hand do not require mens rea. The Criminal Justice Act 1967 has established a statutory framework to assess mens rea in English law.