Mens Rea

 

Mens Rea 

Mens rea is a Latin word that translates to “guilty mind.” Mens rea is the essential distinguishing feature, emphasizing the importance of the accused person’s state of mind at the time of the offense. 

It’s worth remembering that no conduct is unlawful unless a mens rea accompanies it. The common law maxim “actus non facit reum nisi mens sit rea,” which translates to “the act is not guilty until the mind is guilty,” defines mens rea the best. The accused cannot be held accountable under the criminal law unless he can be proved to have acted with intent to commit a crime.

The burden of proving the presence of mens rea falls on the plaintiff, and the purpose of the defense is to raise a reasonable doubt in the mind of the judge or jury because the principles of justice mandate that an individual cannot be convicted unless the charge against him/her can be established beyond a reasonable doubt.