Mens Rea: The Mental Element

Jonathan Herring

in Criminal Law

Eighth edition

Published on behalf of © Jonathan Herring 2018

Published in print April 2018 | ISBN: 9780198811817
Published online September 2018 | e-ISBN: 9780191862847 | DOI:

Series: Text, Cases, and Materials

Mens Rea: The Mental Element

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Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. This chapter considers the following concepts that are used throughout criminal law: (a) intention, (b) recklessness, (c) negligence, and (d) knowledge.

Keywords: criminal law; English law; intention; recklessness; negligence; intoxication; knowledge

Chapter.  44099 words. 

Subjects: Criminal Law

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