Sample on The Guilty Mind

Sample on The Guilty Mind The Guilty Mind Mar 26, 2018 in Law The Guilty Mind in the Legal System Mens rea is a Latin word used to refer to the guilty mind. In the legal system, the term is deemed as an important aspect of crime (Hall, 2008). It is used to mean the mental aspect of crime that goes with the actus reus. Studies indicate that in some cases, actus reus and mens rea have been used interchangeably. For instance, in Australia, the aspects of federal crimes are selected as mental or fault elements (mens rea) or external or physical aspects (actus reus). Mens rea varies with the crime committed. For instance in a murder case, the mental aspects necessitate that the accused acted out of malice, and the proof is required. For arson, the intent should result to a prohibited act. This means that with mens rea, the law does not take into consideration the motive of the crime. No crime can term one as guilty, if their state of mind is not guilty. This means that, for a defendant to be charged, the crime must comprise of mens rea to some level (Hall, 2008). It is therefore true to state that, no criminal liability is attached to an individual who acted without the fault of the mind.