Mens rea

Mens rea

Criminal law is centrally focused on two things: (1) the bad action and (2) the intent of the person who took that action.  The "intent" aspect of a crime is called "mens rea" which is the Latin phrase for "guilty mind."  

Sometimes people do bad things on accident and may be legally liable in a civil context.  When that happens, they pay damages, but are not criminally liable and do not go to jail.   On the other hand, society reserves criminal punishment for those who commit the bad acts and intend to do that action.  The obvious example is premediated murder.  People get accidentally killed; but when a person intends to kill another person, that's when society feels punishing them is necessary.  For pre-mediated murder, the government must prove the mental intent that they had prior deliberation before intending to kill another person.  Other crimes require a different or lesser mens rea.  As another example, in Nebraska, assault requires intending to commit the action of causing bodily harm; no premeditation is required.

If you are facing a criminal charge, you should contact an attorney immediately to protect your rights and help you through the judicial process.  If you are interested in speaking to the Peterson Legal Team about your case, please contact our office.