Question

What does the term 'mens rea' refer to?

• A. The process used by the courts to establish guilt.
• B. The state of mind which may give rise to criminal liability.
• C. The phrase used when a defendant is found guilty of an offense.
• D. A phrase that means 'innocent person'.

Hint:

- Remember: \textbf{Actus Reus} = Guilty Act, \textbf{Mens Rea} = Guilty Mind.
- Both must usually be proven to establish a crime.
- Intent, knowledge, recklessness, and negligence are common types of mens rea.

Answer 1

The Correct Option is B

The term mens rea is Latin for "guilty mind". It refers to the mental element or intent required to establish criminal liability.
In criminal law, to convict someone of most offenses, it must be shown that the act (actus reus) was accompanied by the appropriate mental state (mens rea).
- Option A is incorrect because the process used by courts is procedural, not definitional.
- Option C refers to a sentencing outcome, not the legal concept of criminal intent.
- Option D is irrelevant to the meaning of 'mens rea'.
Thus, Option B is correct.