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Criminal Law & Justice vocabulary · Elements of Crime & Liability

Mens rea

Meaning in criminal law & justice, with examples

/ˌmenz ˈreɪə/nounCommon term

In criminal law & justice, mens rea means: A Latin term meaning 'guilty mind': the mental element of a crime, such as intention, knowledge or recklessness, which the prosecution must prove.

In Turkish: manevi unsur, suç kastı, kusurluluk

How it is used

A basic term in criminal law courses and judgments, almost always paired with 'actus reus': 'the mens rea for murder is an intention to kill or to cause serious harm'. Lawyers ask whether the defendant 'had the necessary mens rea'. Some minor offences need no mens rea at all ('strict liability').

Example sentences

  1. The prosecution failed to prove mens rea, so the charge could not succeed.

  2. In first-year criminal law, students learn that most offences need both actus reus and mens rea.

Common collocations

  • prove mens rea
  • the necessary mens rea
  • actus reus and mens rea
  • lack of mens rea
  • actus reusA Latin term meaning 'guilty act': the physical part of a crime, such as an action, a failure to act or a result that the law forbids.
  • intentThe mental decision to do something or to bring about a particular result; many serious crimes can only be committed with intent.
  • criminal negligenceA serious failure to take the care that a reasonable person would take, which causes harm or death and is serious enough to be treated as a crime.
  • criminal liabilityLegal responsibility for a crime, which means that a person can be prosecuted and punished for it.

More terms: Elements of Crime & Liability

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This page explains English vocabulary for learners. It is not legal advice.