Mens Rea
The mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed.
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Origin
Latin for “guilty mind.” A foundational concept in criminal law dating to 17th-century English jurisprudence. Edward Coke established the principle actus reus non facit reum nisi mens sit rea — “the act is not culpable unless the mind is guilty.” It distinguishes accidental harm from intentional wrongdoing, forming the moral basis for criminal punishment.
Updated February 22, 2026