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Glossary

Mens rea

guilty mind

common-lawcivil-law

The mental element required for criminal liability.

In more detail

Most offences require intention, knowledge, recklessness or negligence as to the prohibited result. Strict liability offences dispense with mens rea, usually in regulatory contexts, and constitutional courts in several jurisdictions have limited how far legislatures may go in doing so.

Related terms

  • actus-reus
  • presumption-of-innocence

See how this applies to you

Definitions are general. How a term operates depends on the jurisdiction you are in.