mens rean.

Brit.

/ˌmɛnz ˈriːə/,

/ˌmɛnz ˈreɪə/, U.S.

/ˈˌmɛnz ˈriə/

Origin: A borrowing from Latin. Etymon: Latin mens rea.

Etymology: < post-classical Latin mens rea criminal intention (a1118 in the Leges Henrici Primi) < classical Latin mēns mind, intention (see mental adj.¹) + post-classical Latin rea , feminine of reus guilty (see reous adj.).

Criminal Law.

The particular state of mind required to make an action criminal; a criminal state of mind; (more generally) criminal intent.The prosecution must prove mens rea to have existed at the time of an offence in order to secure a conviction.

ΘΚΠ

the mind > will > intention > [noun] > intention or purpose > criminal

criminal intent1683

mens rea1861

society > law > rule of law > lawlessness > [noun] > crime > criminal intent

purpensed malice1436

malice1454

malice prepensed1454

pretenced malice1483

scienter1618

malice prepense1647

malice propense1650

mala fides1693

malice prepended1833

mens rea1861

1861 E. C. Leigh & W. L. Cave Crown Cases Reserved (1866) 53 The mens rea is an essential ingredient in every offence.

1877 Mind 2 465 Even mens rea, or guilty intention, by itself is not penal, much less an immoral intention.

?1904 W. S. Gilbert Domest. Pantomime ii. 36 In the absence of the mens rea the case comes under neither statute nor common law.

1914 D. A. Stroud Mens Rea i. 14 There is no real contradiction in describing a mere absence of mind as a mens rea or guilty mind.

1955 Times 15 July 11/6 If the customer used it to apply to some other dress she would be guilty of fraud. One is not anxious to multiply criminal offences in which there is no mens rea.

1959 Chambers's Encycl. IV. 241/1 Drunkenness may render the accused incapable of forming the specific intent necessary to commit the crime—when mens rea will not be present and the accused must be acquitted.

1979 W. H. Jennings & T. Zuber Canad. Law (ed. 3) xii. 12 It was generally considered that in order to constitute a crime the forbidden act or omission had to be committed with mens rea (a Latin term meaning a guilty mind).

This entry has been updated (OED Third Edition, September 2001; most recently modified version published online March 2022).

单词	mens rea
释义	mens rean. Brit. /ˌmɛnz ˈriːə/, /ˌmɛnz ˈreɪə/, U.S. /ˈˌmɛnz ˈriə/ Origin: A borrowing from Latin. Etymon: Latin mens rea. Etymology: < post-classical Latin mens rea criminal intention (a1118 in the Leges Henrici Primi) < classical Latin mēns mind, intention (see mental adj.¹) + post-classical Latin rea , feminine of reus guilty (see reous adj.). Criminal Law. The particular state of mind required to make an action criminal; a criminal state of mind; (more generally) criminal intent.The prosecution must prove mens rea to have existed at the time of an offence in order to secure a conviction. ΘΚΠ the mind > will > intention > [noun] > intention or purpose > criminal criminal intent1683 mens rea1861 society > law > rule of law > lawlessness > [noun] > crime > criminal intent purpensed malice1436 malice1454 malice prepensed1454 pretenced malice1483 scienter1618 malice prepense1647 malice propense1650 mala fides1693 malice prepended1833 mens rea1861 1861 E. C. Leigh & W. L. Cave Crown Cases Reserved (1866) 53 The mens rea is an essential ingredient in every offence. 1877 Mind 2 465 Even mens rea, or guilty intention, by itself is not penal, much less an immoral intention. ?1904 W. S. Gilbert Domest. Pantomime ii. 36 In the absence of the mens rea the case comes under neither statute nor common law. 1914 D. A. Stroud Mens Rea i. 14 There is no real contradiction in describing a mere absence of mind as a mens rea or guilty mind. 1955 Times 15 July 11/6 If the customer used it to apply to some other dress she would be guilty of fraud. One is not anxious to multiply criminal offences in which there is no mens rea. 1959 Chambers's Encycl. IV. 241/1 Drunkenness may render the accused incapable of forming the specific intent necessary to commit the crime—when mens rea will not be present and the accused must be acquitted. 1979 W. H. Jennings & T. Zuber Canad. Law (ed. 3) xii. 12 It was generally considered that in order to constitute a crime the forbidden act or omission had to be committed with mens rea (a Latin term meaning a guilty mind). This entry has been updated (OED Third Edition, September 2001; most recently modified version published online March 2022). < n.1861
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