Criminal Law
MENZ REE-ah

Mens Rea

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.

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