Questions tagged [mens-rea]

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

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If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?

As the title suggested. if a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime? I'd think he did, since I have seen a lot of cases where the police ...
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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,...
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1answer
222 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" (...
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274 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 ...
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61 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 ...
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871 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 ...
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2answers
512 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 ...