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'The principle of Mens Rea ensures that only the morally culpable are punished for their crimes' - Discuss.
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'The principle of Mens Rea ensures that only the morally culpable are punished for their crimes' - Discuss. In order to consider the above statement, we must initially define what it means. Mens rea is described in the Oxford Dictionary of Law1 as: "The state of mind that the prosecution must prove a defendant to have had at the time of committing a crime in order to secure a conviction...(For example, the crime of receiving stolen goods requires the knowledge that they were stolen)". Mens rea is necessary, with the actus reus (guilty act), for a criminal offence to be committed. The morally culpable individual could be explained as perhaps being dishonest or guilty. Accordingly, the above statement is arguing that the law we hold regarding mens rea guarantees that only the truly guilty individuals are convicted for their crimes. In Haughton v Smith2, Lord Halisham stated: "An act does not...
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