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Criminal Law Simons, Volumes I and II
Resource 3 . 2 . 5
9 minutes

Minimum Culpability Requirements (Robinson)

Michael A. Simons

Actus non facit reum nisi mens sit rea. This maxim ("The act is not culpable unless the mind is guilty") was said by common law judges to be the essence of the criminal law. But, what actually makes a mind "guilty"? More particularly, is a reckless defendant sufficiently culpable to be guilty of a crime (as opposed to a tort)? What about a defendant who is merely negligent? Or, should it be possible to impose criminal punishment on a defendant without regard to his state of mind?

 

Whether the criminal law should require a minimum level of culpability is a question that has engaged scholars, judges, and policy makers. 

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