PHILOS 2D03 Lecture Notes - Lecture 6: Rizeena, Mens Rea
27 Oct 2017
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This reading talks about what criminal law is and how it is divided upon in court. Essentially, there are two elements of criminal law, which is the prohibited conduct, and the required mental element (mens rea). These reading questions what mens rea is, breaks down the definition, and then proceeds to explain it. This concept is actually a little difficult to understand. Essentially, mens rea translates to guilty mind (criminal law, When a court must make a decision in a criminal case, the mental state of the perpetrator at the time of the incident might be required as a way for determining the outcome of the case. Basically, the state of mind depends on whether or not the crime committed was intentionally, voluntary, and conscious. If the state of mind of the perpetrator was forced, unconscious, or unintentional, then there is a foundation for a decent defense (criminal law, 2012).
