An argument for restoring mens rea as a necessary requirement for criminal intent in the criminal justice system.
Written in 2008; 840 words; 4 sources; APA; $ 29.95
Paper Summary:
This paper describes mens rea as an example of an objective principle that is logically relevant in many criminal issues. It describes why mens rea is a necessary requirement for criminal intent in the criminal justice system. It also presents the argument for eliminating mens rea from criminal justice. The paper concludes that the preferable solution would be to restore mens rea to certain types of criminal conduct, as a relevant issue in some cases, but not a universally necessary component of criminal culpability in all cases.
From the Paper:
"One need only consider the misapplication of the distinction between ordinary negligence and criminal negligence to illustrate the potential for inequity where fundamental logical principles like Mens Rea are ignored in all situations, by inflexible rule. A few times every year, the news media broadcast tragic results of negligence: absent-minded but loving parents back the family SUV over a toddler or a caretaker accidentally leaves a baby in a locked car, or even pulls out of a supermarket parking lot with an infant strapped to a car seat on the roof. Under certain circumstances, the tragedy, although undoubtedly caused by negligence, does not constitute criminal behavior; in other circumstances, the same overt act crosses the line from mere negligence to criminality. Imagine eliminating the distinction between ordinary negligence and criminal negligence without regard to circumstances: parents prosecuted for criminally negligent homicide or manslaughter in every case where mistake or momentary inattention took the life of a child; or parents never being held criminally responsible, even after the identical loss of a second or third child because it was accidental. All three times."
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