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Mens rea can be literally translated to mean 'guilty mind,' and it, "Refers to the mental element necessary for the particular mind...1". This is not some abstract mental process; it refers to specific words in the charge or indictment. There are two opposing views on the way in which mens rea of the accused has been established: the subjective approach and the objective approach. The two often come into conflict in court when deciding the accused mental state and there has been much criticism surrounding the way the courts have dealt with this problem. One commentator said that: "Subjectivism became the orthodox academic theory of mens rea earlier this century2." It has also been said that: "Subjective tests heighten the protection of individual autonomy, but they typically make no concession to the principle of welfare...of fellow citizens3." Thus commentators are undecided about the proposal stated in the above question. Generally, recklessness means taking an "unjustified risk",...

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