What is Mens Rea?

The mens rea is one of the most important aspects of criminal law, because that is what determines whether an offender is really to blame and in fact committed the crime. mens men literally means "guilty mind" (in Latin) and is therefore an important factor. In this article we will explore this concept very interesting criminal law.
What is the mens rea in the law
Before discussing the technical aspects of what is cheating, in my opinion, for an example of the nature of this approach is in order. Assuming you're in the room with a pile of bags in hand go. Passing down the stairs and tried all the packages by hand that brought the trophy to his brother and broke the balance of glass. His brother comes home and is angry against you for breaking the trophy. He throws the urge to, say, and believes it is on purpose. And you insist that he did not intend to do and it was an honest mistake.
Now that we understand the concept of intent in this area. The definition of mens rea, literally means "guilty mind" or because he wants to hurt. There is a difference when one act of crime with intent and lack of commitment required and that inevitably occur due to certain circumstances. The mens rea means that a person intends to commit the crime had would knowingly damage, which makes guilty. In this example into perspective - there, I had called the intent ", the trophy of your brother at the break, and since you had no criminal intent is not a" criminal "in the best sense of the word.
The mens rea and actus reus
An important aspect that goes along with what the mens rea is the concept of objective method of determining the criminal justice system. Without one the other can not exist.actus reus is when an injury to the crime and the cause. The concept of fraud is therefore derived from the concept, because without a crime, "intent" that crimes are not investigated and analyzed. The law as the unlawful killing of a man (actus reus = action), whether intentionally or not. If done with intent to kill, can be regarded as mens rea (guilty mind). But when it happened by accident, it must be tested. Only then will the person of the crime.
Although this is the basis of the common law, the degrees of being seen differently in different countries. Learn more about legal terms in the glossary of legal terms and meanings in this article Buzzle.
Degrees of mens rea 

Technically, the mens rea can be proved that when there is a clear recognition by the criminal. is probably not very often and use the skills of lawyers are here in force in the process shows that although the target (crime) is committed, there was no intention to do so for reasons such that negligence, lack of learning about the consequences of the problem or recklessness. This gives us three degrees of mens rea. The first is a subjective test and the will of a person was able to either approval or lack of evidence, like a diary where you show that for a person with intent to cause damage was. The second step is the extent to which a target person, but he did not intend that the crime was committed, had a clear vision and rationale for the capacity, the consequences of their actions (which are also guilty) understand. The third is a combination of both factors and is a hybrid test, proof of intent "or" negligence and carelessness "that brought the crime to prove. This may see factors such as illness, the age, etc., there is no malice involved.
The mens rea is one of the most important aspects of any criminal proceedings. Proof of part of the mens rea of ​​a case is a clear indication of the seriousness and gravity of the offense that can result in severe penalties and strict.