Mens rea

A Latin phrase meaning "guilty mind," from mens, "mind," and rea, the feminine of reus, "defendant, guilty one." It comes from the maxim actus non facit reum nisi mens sit rea — "the act does not make a person guilty unless the mind is also guilty." It names the mental element the prosecution must usually prove alongside the act.

  1. noun phrase · /menz-RAY-uh/

    The guilty state of mind — the intent or knowledge — that a person must have to be criminally responsible for an act.

    The reason intent matters in a courtroom — why the same physical act can be murder, manslaughter, or an accident depending on what was in the person’s head.

    Without proof of mens rea, the shooting could be a tragic accident rather than a crime.

    Mens rea is the guilty mind; actus reus is the guilty act, and most crimes require both to be proved together.