What is the difference between mens rea and intent

Some have expanded the MPC classification to include a fifth state of mind: " strict liability. The mere fact that a defendant committed the crime is sufficient to satisfy any inquiry into the defendant's mental state. This lack of a guilty mind would act as the fifth, and least blameworthy, of the possible mental states. For a strict liability crime, it is sufficient for the prosecution to prove that the defendant committed the wrongful act, regardless of the defendant's mental state. Therefore, a guilty state of mind is irrelevant to a strict liability offense.

Examples of strict liability offenses in criminal law often include possession and statutory rape. Many commentators criticize convicting defendants under strict liability because of the lack of mens rea.

A minority of states reject the MPC approach. Instead, they apply two levels of malice in order to ascertain the appropriate liability to apply to those who commit criminal acts.

The difference between criminal negligence and deliberate intention in this case could be the difference between a few years in prison and capital punishment. Mens Rea and the Criminal Law - Criminal Liability Mens rea, or criminal intent, is the essential mental element considered in court proceedings to determine whether criminal guilt is present. These states of mind are, in descending order of magnitude: "intention" or "purpose," "knowledge," "recklessness" often called "willful blindness" in the United States , and "gross or criminal negligence.

Was this document helpful? Share it with your network! The Best Lawyers For Less. Talk to a Top Lawyer for Free. Trusted By. Content Approved by UpCounsel. It is also important to understand the difference between key aspects of Mens rea like intention and motive.

It creates criminal liability for the defendant. Example: Akid, a pharmacist, provided confidential information to Rabby knowing that Rabby would use that information to kill Shakil. Now, here Akid knew about the crime that is about to take place, that knowledge is and his intention is guilty.

Mens Rea must be understood with its substantive element which is, Intention and Motive [discussed below]. Example: Akid a pharmacist, provided confidential information to Rabby knowing that Rabby would use that information to kill Shakil. Now, here Akid provided the confidential information to Rabby, this transfer of information is an act and this particular act is Actus Rea or Guilty Act. Here, both the knowledge and the act together constitute a crime, if one of them were missing there would be no crime by Akid.

Physical element is comparatively easy to identify as often it left its footprint behind, on the other hand, Mental element is comparatively difficult to find as that part is nurtured in the thought of a person but law is always vigilant to address any complicated issue thus there are certain rules regarding Mental element too which help us to identify and short out the Guilty Mind. Here you would say X committed a heinous crime by shooting Z but you come to know that X is an undercover police officer and X is a convicted murderer, now your perception of the fact is changed.

Here, X was complying with his duty by shooting Z to immediately stop him so that he Z could be brought to justice. Keep the example and the questions in your mind for further discussion and explanation below.

Considering the situation, you with your general knowledge can under thought X Shoot Z he did not commit any crime because his intention, thought and purpose was good and he is not guilty of any crime.

Similarly, many exceptional cases can come before us like self-defence, mild harm to prevent the grievous one etc. In some exceptional cases, only Mens Rea or Knowledge of an offence is good enough to convict a person. Intention is the immediate intent of a person before any act , it is the purpose or thought to use a particular way to do something in a particular way to get the result as he wanted.

Let me help you, remember the last example and bring the first question of that example. He Shoot used this particular way to stop Z immediately.