35
votes
Accepted
Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?
It depends on the jurisdiction, but generally speaking, this will not permit you to evade criminal responsibility.
In Ohio, for instance, the complicity statute treats the conduct you're describing as ...
- 61.8k
12
votes
Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?
canada
General intent is usually enough
I believe you are largely conflating motive and intent (see generally R. v. Hibbert, [1995] 2 S.C.R. 973, para. 24; The Queen v. George, [1960] S.C.R. 871, p. ...
- 72.7k
10
votes
Accepted
Lack of mens rea defence to robbery
canada
The question you pose relates to the theft component of robbery. If the taker believed the item was theirs, then the mens rea for theft was not present, and therefore, there was also no robbery....
- 72.7k
9
votes
Mens Rea and Changing Law
In law, there is a distinction between mistake of fact and mistake of law. If the law prohibits X, and you think you're doing Y, that's a mistake of fact. If the law prohibits X, and you know you're ...
- 6,104
6
votes
Accepted
If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?
YOU NEED TO KNOW MORE FACTS
The age of consent to sex in the United States, in cases not involving child pornography (which is federally regulated as well as subject to state regulation) is a matter ...
- 240k
5
votes
Does indecent exposure require intentionality?
maaaaaybe if it was a public nuisance?
In germany Public Nuisance under StGB §183a does require either knowledge or intent, so pure knowledge is sufficient for this article. However, the required act ...
- 45.2k
5
votes
Accepted
If one is mistaken about whether consent is required, is that a defence to sexual assault in Canada or similar jurisdictions?
This judgment (R. v. H.E., 2017 ONSC 4277) was overturned on appeal (2018 ONCA 879):
[2] After accepting the complainant’s testimony that both she and Mr. E. believed that, as his wife, she did not ...
- 72.7k
5
votes
How does good faith defense work with a strict liability law?
Could someone better elaborate on the distinction, what is the burden
of proof for not having mens rea and what is the burden of proof for
good faith, and how do the differ?
To give a specific example ...
- 240k
5
votes
Accepted
How does good faith defense work with a strict liability law?
Affirmative defenses generally have a subjective or objective factual test for the jury to consider. In this case, the test may be something along the lines of "Given the totality of the ...
- 4,930
4
votes
Accepted
How can mens rea in illegal staring be proved beyond reasonable doubt?
england-and-wales
The poster referred to by the question is part of a campaign intended to help deter, detect and punish such wrongdoing.
There is no specific offence of "intrusive staring" ...
- 19.3k
4
votes
How can mens rea in illegal staring be proved beyond reasonable doubt?
But how can Alice's testimony possibly prove beyond reasonable doubt
that Bob indeed stared with sexual thoughts in his mind? How can
prosecuting these crimes possibly be successful and not ...
- 240k
3
votes
Accepted
Can a jury find guilt based mainly on "mens rea?"
In a criminal case, a jury is required to find that all of the elements of the crime are present beyond a reasonable doubt. Mens rea is one element of most crimes, but is almost never the only one ...
- 240k
3
votes
Does Mens rea need to be concious?
The mind is not the brain
Legally, that is. Scientifically, there is no mind, only brain.
Science and law are different domains of human knowledge. Like cattle ranching and modern dance. The rules of ...
- 227k
2
votes
Does indecent exposure require intentionality?
In france the law states that if you expose yourself in places where you can be seen you are committing a felony (article 222-32 of the penal code). It can cost you up to one year of prison and up to ...
- 2,478
2
votes
What was the mens rea of being a common scold?
Common law crimes always required mens rea
Historically, criminal liability at common law necessarily involved proof of mens rea. In Williamson v Norris (1899), Lord Russell CJ said:
The general rule ...
- 227k
2
votes
Mens Rea and Changing Law
You're going to jail
21 U.S. Code § 841:
(a) Unlawful acts Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or ...
- 227k
2
votes
If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?
It would be an attempted crime (in layman's terms), which might be punishable (in law terms). You didn't say which jurisdiction, and there might be very subtle differences. If you want to have sex ...
- 35.4k
2
votes
Lack of mens rea defence to robbery
germany
The German criminal code defines:
§249 (1) Wer mit Gewalt gegen eine Person oder unter Anwendung von
Drohungen mit gegenwärtiger Gefahr für Leib oder Leben eine fremde
bewegliche Sache einem ...
- 765
1
vote
Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?
Most legislatures have been running for many centuries, so they've had plenty of time to fix any loopholes like the one you're looking for.
Whilst your victim may be innocent because they act without ...
- 111
1
vote
How is a corporate person, a person?
The main topic you have spoken of is intention of a corporation. You question the ability of organisations to have intent. A corporation can be fully responsible for negligent behaviour when multiple ...
- 17
1
vote
Mens Rea and Changing Law
Legal principle:
Ignorantia juris non excusat
(ignorance of the law is not an excuse - more details here)
Your ignorance of this change in law would not protect you from being charged and convicted. ...
- 765
Only top scored, non community-wiki answers of a minimum length are eligible