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Casebook Read Credits
Criminal Law
Section 2 . 2
2.5 hours

Mens Rea

Sam Kamin,
Dana Lindenberg

Mens rea—a guilty mind—is the second part of criminal culpability, and undoubtedly one of the most complex subjects we will study in this course. When we speak of mens rea, we mean a culpable mental state -- usually intent, knowledge, recklessness, or negligence. We can speak of mens rea either generally -- does this statute require some culpable mental state be proven? -- or specifically -- did this defendant act with the mental state required by statute?

This section, more than the last, will contrast the traditional, sometimes messy approach that common law courts took to mens rea with the careful but sometimes opaque approach of the Model Penal Code..

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