What is “Mens Rea” in a Tennessee Criminal Case?
When a criminal charge is levied against us, or someone we love, it can feel completely overwhelming. Many people do not know what to do first or where to turn when they are faced with maneuvering through the court systems. It is completely normal to have dozens of undefined questions floating around in your head. The legal system can be not only intimidating, but different moves you make may just change your life. Complicating matters, many key terms and phrases courts and attorneys use relating to a criminal case are not part of the regular English vernacular. Suddenly latin terms are not only a relic from the past – they are relevant and it is important that anyone facing criminal charges has a basic understanding of a few of them.
One important legal term is that of “mens rea.” While many are not familiar with the latin phrase, it is an absolutely vital element in many criminal law proceedings. This article will briefly discuss the legal term “mens rea,” and explain the different types, or culpability levels, of mens rea. The experienced legal team at Fort, Holloway & Rogers are standing by to help you understand what role mens rea might play in your own case.
A Guilty Mind
The basic concept behind “mens rea” is that to be convicted of most crimes, it must be adequately proven that a person had the requisite intent to commit a crime. The term “mens rea” comes from a latin phrase meaning “guilty mind.” In other words, to be convicted of most crimes you must have known that your actions were a crime. And acted anyway, purposefully committing a crime.
Now, it is important to note here that not EVERY crime requires mens rea (for example, you do not have to know you are speeding to get a speeding ticket). And, separate item, you do not necessarily have to intend to commit the crime or harm that actually occurred in order to be found guilty of having mens rea and committing the crime.
Types Of Mens Rea
As mentioned earlier, mens rea is Latin for “guilty mind” and refers to the intent to commit a crime. Generally, courts recognize four kinds of mens rea – four levels of culpability. A criminal case will likely involve the prosecution making allegations as to one of the following types of mens rea, which speak to different ways that a person can act with a level of intent, and have culpability for criminal actions or consequences to criminal actions:
- Criminal Intent: When a person pre-determines that they are going to commit an illegal, or dangerous act, that person has criminal intent. For example – a person who intends to hit another person with a beer bottle has a criminal intent.
- Criminal Knowledge: When a person acts with a conscious awareness that the actions would cause a certain kind of harm. For example: a driver hits a pedestrian in a crosswalk and does not stop, fleeing the scene.
- Criminal Recklessness: When a person knows of the risks of their behavior/choices but engages in them anyway. For example: an intoxicated driver crashes their car and seriously hurts the passenger of their car.
- Criminal Negligence. When a person’s conduct falls below a reasonable standard of care and harm occurs because of it For example: a parent leaves a toddler at home alone while they run a few errands, and the toddler is hurt while they are away.
As you can see from the above, mens rea can be established in a number of ways. So if a person is charged with manslaughter, for example, because they got behind the wheel of their vehicle while intoxicated and the crash that followed killed their passenger – the prosecution does not have to prove that anyone intended for the passenger to be killed. They would just need to show that One of the above forms of mens rea were present – Criminal recklessness, would likely fit the bill in this example.
Contact Fort, Holloway & Rogers
The experienced Franklin criminal defense attorneys at Fort, Holloway & Rogers will help you to understand your case and fight the charges, negotiate a favorable result, or go to bat for you in court if a trial is in your best interest. Contact our office today to begin working with our team.
Source:
news.bloomberglaw.com/us-law-week/justices-search-for-sweet-spot-on-testimony-on-criminal-mind
