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In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
The law was used to encourage growth of the Aryan race through the sterilization of persons who fell under the quota of being genetically defective. [8] 1% of citizens between the age of 17 to 24 had been sterilized within two years of the law passing. Within four years, 300,000 patients had been sterilized. [9]
First and foremost, there is "guilt" within the meaning of criminal law. On the one hand, guilt is spoken of as denoting the mental element in crime: the guilt of one who committed a criminal act – actus reus – presupposes the criminal mind – mens rea; or, an actus reus is transformed into guilt by the supervenience of mens rea.
The House of Lords delivered the following exposition of the rules: . the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the ...
Non compos mentis is a Latin legal phrase that translates to "of unsound mind": nōn ("not") prefaces compos mentis, meaning "having control of one's mind."This phrase was used in English law as early as the seventeenth century to describe people afflicted by madness, the loss of memory or ability to reason.
A contemporary definition of psychological torture are those processes that "involve attacking or manipulating the inputs and processes of the conscious mind that allow the person to stay oriented in the surrounding world, retain control and have the adequate conditions to judge, understand and freely make decisions which are the essential ...
Cognitive liberty, or the "right to mental self-determination", is the freedom of an individual to control their own mental processes, cognition, and consciousness.It has been argued to be both an extension of, and the principle underlying, the right to freedom of thought.
A range of words represents shades of intent in criminal laws around the world. The mental element, or mens rea , of murder , for example, was historically called malice aforethought . In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional felony.