MENS REA. A term meaning a guilty in tent and commonly used only in connection with the maxim, actus non fault ream, n41 mens sit rea.
The use of the term and the maxim has been criticised. "Though the phrase is in common uae, I think it most unfortunate . . . and actually mis leading. . . . It naturally suggests that, apart from all particular definitions of crimes, such a thing exists ae a 'mens rea' or 'guilty mind,' which is always expressly or by implication involved in every definition. This is obviously not the case, for the mental elements of different crimes differ wide ly. 'Mena rea' means, in the case of murder, malice aforethought ; in the case of theft an intention to steal. . . . In some casee it denotes mere inatten tion. For instance, in the case of manslaughter by negligence it may mean forgetting to notice a signal. It appears confusing to call dissimilar states of mind by one name. . . . To an unlegal mind, it suggests that, by the law of England, no act is a crime which is done from laudable motives; in oth er words, that immorality is essential to crime."
Stephen, J., in L. R. 23 Q. B. D. 186.
The maxim relating to "mens rea" means no more than that the definition of all, or nearly all, crimes contains not only an outward and visible element, but a mental element, varying according to the dif ferent nature of different crimes. To comprehend "mens rea" we must have a detailed examination of the definitions of particular crimes, and there fore the expression is unmeaning. 2 Steph. Hist. Cr. L. 95.
In offences against the acts relating to adulterat ing food, etc., the defence of mens rea is not good unless the acta use the word "wilfully" ; [1896] 1 Q. B. 65.
See 13 Cr. L. Mag. 831; 1 Bish. New Cr. L. §1 287, 288, 303 a ; 8 Eng. Rul. Cas. 16 ; IGNORANCE ; MO