[CJ] Chapter 3: Mens Rea (Bolded) Flashcards
Mens Rea
The “guilty mind” or mental state element of crimes.
Actus Reus
The “bad action” element of crimes.
Intentionally
The most serious of four potential levels of mens rea for crimes, generally understood to mean something similar to “on purpose”.
Knowingly
The second most serious of the mens rea levels, this means that someone is aware of the results of their actions, but they decide to take those actions anyway.
Recklessly
The third most serious of the mens rea levels, this is when someone takes an action despite knowing its risk.
Negligently
The last of the mens rea levels, this is when someone’s actions don’t match up to the standard of care that a reasonable person would have in that situation.
Mistake of Fact defense
A defense of one’s actions that suggest that misunderstanding or not knowing a key fact of the situation led to the defendant to do a bad action without having the mens rea to accompany it.
Mistake of Law defense
A defense of one’s actions that suggest that misunderstanding or not knowing the action was illegal should mean that they are not guilty of it; this is not a valid defense in US courts.
Strict Liability
A crime that lacks a mens rea element.