The Mental Element in Modern Criminal Law

Peter Ferguson QC

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published by Edinburgh University Press

Published in print October 2010 | ISBN: 9780748640706
Published online March 2012 | e-ISBN: 9780748651450 | DOI:
The Mental Element in Modern Criminal Law

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The principle of mens rea is directed at answering any individual legal system's question: who deserves punishment? It is chiefly that point which is considered in this chapter in light of, first, recent judicial discussions of mens rea and its content, especially recklessness, and second the general approach taken by the authors of the Draft Criminal Code for Scotland to the mental element in crime.

Keywords: Scots criminal law; mens rea; Draft Criminal Code for Scotland; punishment; recklessness

Chapter.  7900 words. 

Subjects: Criminal Law

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