Questions tagged [mens-rea]

Term of art referring to a "guilty mind," and a required element for some crimes.

Filter by
Sorted by
Tagged with
-2
votes
1answer
92 views

How is a corporate person, a person?

Law with respect to the human person, rests on intention, or a neglect of intention. A corporate person, has no access to intention - it is only human persons, behind the veil of the corporate person,...
1
vote
1answer
158 views

Can a jury find guilt based mainly on “mens rea?”

In the actual Frank Quattrone case, the conviction of the investment banker was overturned by an appeallate court, because the trial judge had wrongly instructed the jury to disregard "mens rea" (...
1
vote
2answers
268 views

Mens Rea and Changing Law

Imagine I buy and sell coffee products, and have done so legally for many years. However, the FDA decides that coffee is a carcinogen, an addictive drug, and extremely dangerous, and consequently ...
2
votes
0answers
60 views

What is the status of using mens rea as a defense in this manner in Canada or similar jurisdictions?

In Canadian man found not guilty of raping wife, the prosecution of a rapist in Ontario, Canada failed due to mens rea because it wasn't proved that the man knew his behaviour was illegal. Not because ...
4
votes
1answer
848 views

How does a prosecutor determine intent?

When prosecutors look at a statute, how do they determine the requirements to prove intent? For example, look at this statute: “Whoever knowingly and with intent to defraud, accesses a protected ...
2
votes
2answers
503 views

Does US criminal law recognize objective elements that don't require mens rea?

In German law, there is a legal construct called "Tatbestandsannex" or "objektive Bedingung der Strafbarkeit". These are necessary conditions for criminal liability for which no corresponding mens rea ...