Introduction To Mens Rea (11)

In this video, we offer our audience an insight into the third element required to prove criminal liability: Mens Rea or the 'state of the mind'. We elaborate upon what this is, how it can manifest itself, it's different types/levels (intention, recklessness and negligence), the need for it in the realm of criminal law and how in some cases it may not be required at all (strict liability offences). Moving on, criminal fault is further explored as its two types are given: subjective (intention and recklessness as an example including traditional core crimes with the exception of rape and gross negligence manslaughter) and objective (negligence or carelessness as an example, which include crimes such as careless driving, dangerous driving & gross negligence manslaughter), explained with the help of an example. Sentences for these varying criminal faults are briefly discussed as we move on the general requirement set in place to protect individuals from unfair punishment, that when performing a wrongful act, an individual has an accompanying mental attitude or element has to be proved (with exceptions of course). It is debated then, which type/level of Mens Rea would be used in court, as it nearly always is decided by the definition of the criminal offence committed but at times, as is mentioned, it is possible for court decisions to set them out.
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