Lexica → Phrase → mens rea
| Letter | M |
|---|---|
| Letter name | em |
| Pronounciation | /ɛm/ |
| Phrase: | mens rea |
|---|---|
| Pronounciation: | |
| Century: | 16th |
| DA Name: | mens rea |
| Era: | C.E. |
| Origin: | Original |
| Type: | Official |
| Source Language: | Latin |
Source Language Words: | 16th Century Latin phrase meaning literally "(the) mind of the accused (defendant)". From Latin actus="doing, action, esp. on stage" and mens/mentis="mind, thought, intention". |
| Source Text: | Edward Coke (b.1552-d.1634) |
Definition: | It originates from a Latin phrase created by Edward Coke (b.1552-d.1634) actus non facit reum nisi mens sit rea commonly and incorrectly translated as meaning "an act does not make a person guilty unless (their) mind is also guilty"--reus never originally meaning guilt in Latin. Nonetheless, the maxim mens rea is most frequently misquoted as "Guilty mind " in conjunction with the equally misquoted Latin phrase ACTUS REUS. In strict legal terms, mens rea is defined as "The intention/knowledge/forethought of the defendant in relation to the crime for which they are accused" --in classical JURISPRUDENCE requiring CONCURRENCE with actus reus. Contrary to popular misinterpretation, the original purpose of mens rea was to ensure the legal enforceability of any penalty--not to protect those mentally incompetent--ensuring CONSENT is given with COMPOS MENTIS (sound mind) through DUE PROCESS before any SENTENCE is given. |
