Mens Rea
What does "Mens Rea" mean in law?
Mens rea ("guilty mind") refers to the mental state required for criminal liability. The Model Penal Code identifies four levels of culpability in descending order of blameworthiness: purposely (conscious objective to engage in the conduct or cause the result), knowingly (awareness that conduct is of a certain nature or practically certain to cause the result), recklessly (conscious disregard of a substantial and unjustifiable risk), and negligently (failure to perceive a substantial and unjustifiable risk). The required mens rea varies by offense and must be proven beyond a reasonable doubt.
Definition
Mens rea ("guilty mind") refers to the mental state required for criminal liability. The Model Penal Code identifies four levels of culpability in descending order of blameworthiness: purposely (conscious objective to engage in the conduct or cause the result), knowingly (awareness that conduct is of a certain nature or practically certain to cause the result), recklessly (conscious disregard of a substantial and unjustifiable risk), and negligently (failure to perceive a substantial and unjustifiable risk). The required mens rea varies by offense and must be proven beyond a reasonable doubt.
Example
A defendant fires a gun into a crowd. If the defendant's purpose was to kill, this satisfies the highest mens rea. If the defendant knew death was practically certain, this is knowledge.