mens rea

/ˈmɛnz ˌriə/

The legal term mens rea refers to a person's mental state when they commit a crime — specifically their deliberate intent to harm someone or otherwise break the law.

The literal meaning of the Latin mens rea is "guilty mind," which comes from a much longer phrase that means "the act is not culpable unless the mind is guilty." Mens rea is a standard in criminal law — unless there's proof that someone intended to commit a crime, they generally can't be found guilty. The prosecution has to show that a guilty act was committed by a person with a guilty mind.

Definitions of mens rea

1. noun

   (law) criminal intent; the thoughts and intentions behind a wrongful act (including knowledge that the act is illegal); often at issue in murder trials
   synonyms: malice aforethought

   types:

   premeditation

   (law) thought and intention to commit a crime well in advance of the crime; goes to show criminal intent

   type of:

   planning, preparation, provision

   the cognitive process of thinking about what you will do in the event of something happening