The rule of law and mens rea - Galt's Gulch

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The rule of law and mens rea

Posted by blarman 11 years, 1 month ago to Culture

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I had never heard of the term "mens rea" - which is loosely "criminal intent". This statute in Ohio would force intent to be considered when trying someone for a crime.

I'd appreciate a lawyer to weigh in here, as this sounds reasonable, but is not my particular area of expertise.

SOURCE URL: http://dailysignal.com/2015/01/13/jailed-committing-crime-didnt-know-crime-new-ohio-law-tackles-issue/?utm_source=heritagefoundation&utm_medium=email&utm_campaign=morningbell&mkt_tok=3RkMMJWWfF9wsRolv67KZKXonjHpfsX57OklUa6wlMI%2F0ER3fOvrPUfGjI4FRcJjI%2BSLDwEYGJlv6SgFQrLBMa1ozrgOWxU%3D

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Posted by Robbie53024 11 years, 1 month ago

I'm no lawyer, but it would seem that there are instances where intent would be appropriate, and others where it would be immaterial. Shoplifting for example - a person who absentmindedly places an item in a location that causes it not to be charged for would be one that would need to have a criminal intent proven. Whereas sex with a 10 yr old should be criminal on its very merit. Of course, intent requires capability to discern intent, so one who does not have that capability cannot derive intent.

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  Posted by blarman 11 years, 1 month ago
  
  I came to similar conclusions. I think there is a difference between an "honest mistake" and otherwise, but I also agree that the nature of some acts is such that education is the more appropriate correction.
  
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    Posted by Robbie53024 11 years, 1 month ago
    
    But to make an evaluation of "intent" on every crime would be to inject an "escape clause" to be used at the discretion of the individual/entity discerning said intent. I don't like it.
    
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