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Books on the topic 'Mens rea'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 2025

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1

Sitoy, Lakambini A. Mens rea and other stories. Published and exclusively distributed by Anvil Pub., 1998.

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2

Ola, C. S. Mens rea in statutory offences in Nigeria. Malthouse Press, 1990.

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3

S, Arkin Stanley, Wing John R, and Practising Law Institute, eds. Mens rea: State of mind defenses in criminal and civil fraud cases. Practising Law Institute, 1985.

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4

Vandervort, Lucinda. Honest beliefs, credible lies, and cognitive conduct: Rhetoric, inequality, and mens rea in sexual assault : Lucinda Vandervort. Faculty of Law, University of Toronto, 2003.

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5

Elangwe, Sakwe Martin. The state counsel's chambers and the courts of first instance in action and negation of mens rea in criminal law. Republic of Cameroon, National Centre for Administration and Magistracy, National School of Administration and Magistracy, Judicial Division, 1989.

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6

2013, United States Congress House Committee on the Judiciary Over-Criminalization Task Force of. Mens rea: The need for a meaningful intent requirement in federal criminal law : hearing before the Over-Criminalization Task Force of 2013 of the Committee on the Judiciary, House of Representatives, One Hundred Thirteenth Congress, first session, July 19, 2013. U.S. Government Printing Office, 2013.

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7

Kadet, Gary S. Mens Rea. Foundations Book Publishing, 2021.

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8

Kadet, Gary. Mens Rea. Foundations Book Publishing, 2021.

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9

Edwards, Brooke. Mens Rea. Dreamspinner Press, 2015.

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10

Monaghan, Nicola. 3. Mens rea. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0003.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the mens rea elements of a criminal offence. There are two types of intention: direct and oblique. A person directly intends a consequence that he desires. Where he instead merely appreciates that it is virtually certain to occur, a jury may find he intended the consequence. This is oblique intent. Subj

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11

Herring, Jonathan. 3. Mens rea. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0003.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the mens rea elements of criminal offence. Mens rea means guilty mind, but the term is better thought of as the fault element of the offence. The role of mens rea is to attribute fault or blameworthiness (also called culpability) to the actus reus. The main types of mens rea are intention, recklessness, and negligence. Issues may arise when

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12

Moore, Amanda J. Mens Rea: Guilty Mind. iUniverse, Inc., 2004.

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13

Moore, Amanda J. Mens Rea: Guilty Mind. iUniverse, Inc., 2004.

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14

Simonde and Indana Simonde. Times Shadow : Short Stories about 'Mens Rea': Short Stories about 'Mens Rea. Independently Published, 2018.

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15

Blockx, Jan. Mens Rea in EU Antitrust Law. Kluwer Law International, 2020.

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16

Herring, Jonathan. 3. Mens Rea: The Mental Element. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.003.0003.

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Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. This chapter considers the following concepts that are used throughout criminal law: (a) intention, (b) recklessness, (c) negligence, and (d) knowledge.

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17

Blockx, Jan. Mens Rea in EU Antitrust Law. Kluwer Law International, 2020.

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18

Blockx, Jan. Mens Rea in EU Antitrust Law. Kluwer Law International, 2020.

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19

Mytton, Elizabeth. Different meanings of mens rea words. The Author, 1992.

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20

Mens Rea or Imputability under the Law of England. Creative Media Partners, LLC, 2023.

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21

Mens Rea or Imputability under the Law of England. Creative Media Partners, LLC, 2023.

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22

Knoops, Geert-Jan Alexander. <i>Mens Rea</i>at the International Criminal Court. BRILL, 2016.

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23

Mens Rea: State of Mind Defenses in Criminal and Civil Fraud Cases. Practising Law Inst, 1985.

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24

Mens Rea and Defences in European Criminal Law School of Human Rights Research. Intersentia Ltd, 2013.

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25

Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach. Bloomsbury Publishing Plc, 2013.

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26

Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach. Bloomsbury Publishing Plc, 2013.

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27

Badar, Mohamed Elewa. Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach. Bloomsbury Publishing Plc, 2013.

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28

Badar, Mohamed Elewa. Concept of Mens Rea in International Criminal Law: The Case for a Unified Approach. Bloomsbury Publishing Plc, 2015.

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29

The Concept Of Mens Rea In International Criminal Law The Case For A Unified Approach. Hart Publishing (UK), 2012.

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30

Garvey, Stephen P. Guilty Acts, Guilty Minds. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190924324.001.0001.

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“You can’t be convicted of a crime without a guilty act and a guilty mind.” A lawyer might express the same idea using Latin: “You can’t be convicted of a crime without actus reus and mens rea.” Guilty Acts, Guilty Minds proposes an interpretation of mens rea and actus reus as limits on the authority of a democratic state to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are portrayed as necessary conditions for the legitimacy of state punishment. The actus reus requirement disables a democratic state from using its authority to ascribe guilt to those who

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31

Herring, Jonathan. 4. Strict liability. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0004.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of strict liability. A strict liability offence is one which does not require mens rea in respect of at least one element of the actus reus. Strict liability is often referred to as no-fault liability. Strict liability is very rare at common law. Where a statute is silent as to mens rea, the judge must interpret the provision to

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32

Herring, Jonathan. 4. Strict Liability. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.003.0004.

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A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the Human Rights Act 1998 and strict liability offences; common law defences and strict liability offences; possession offences; and the arguments for and against strict liability.

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33

Herring, Jonathan. 14. Defences I. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0014.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the defences of age, insanity, automatism, intoxication, and mistake. If D is under the age of ten, he is deemed incapable of criminal liability. Insanity is where D proves he had a disease of mind which caused a defect of reason so that D did not know the nature and quality of his act or that it was wrong. Non-insane automatism is an asse

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34

Herring, Jonathan. 15. Complicity. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.003.0015.

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This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of acc

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35

Herring, Jonathan. 8. Homicide II. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0008.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. An unlawful homicide committed without the mens rea for murder is involuntary manslaughter. This chapter discusses the three classes of involuntary manslaughter: reckless manslaughter, unlawful act manslaughter, and gross negligence manslaughter. Both unlawful act manslaughter and gross negligence are notable for the low level of mens rea required. Indeed, with

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36

Monaghan, Nicola. 4. Strict, vicarious, and corporate liability. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0004.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of an

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37

Monaghan, Nicola. 13. Defences I: incapacity and negating the elements of the offence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0013.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the following general defences: infancy, insanity, automatism, intoxication (involuntary and voluntary), and mistake. Children under 10 are conclusively presumed incapable of committing a criminal offence. Insanity (insane automatism) is concerned with the defendant’s mental condition at the time of the

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38

Simester, A. P. Fundamentals of Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198853145.001.0001.

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This book explores the theoretical principles underlying the general part of the criminal law. It demonstrates how the major general part doctrines governing actus reus, mens rea, and defences are informed by deeper considerations of responsibility, culpability, and wrongdoing. The book shows how many of the criminal law’s doctrines can and should accommodate the demand that criminal convictions be imposed only upon persons who are culpable for their wrongdoing. But those same doctrines are not always driven by culpability. They are grounded also in certain further principles that the book ide

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39

Shoemaker, David, ed. Oxford Studies in Agency and Responsibility. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198955498.001.0001.

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Abstract This is the ninth volume of Oxford Studies in Agency and Responsibility (OSAR) and the seventh drawn from papers presented at the New Orleans Workshop on Agency and Responsibility (NOWAR, held on November 2023). The OSAR series is devoted to publishing cutting-edge, interdisciplinary work on the wide array of topics falling under the general but distinctive rubric of “agency and responsibility.” This volume dramatically illustrates that aim, as it brings together work on valuing, agential commitment, weakness of will, gratitude, how Buddhists live without anger, pro forma versus real

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40

Herring, Jonathan. 7. Sexual Offences. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.003.0007.

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This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

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41

Herring, Jonathan. 11. Theft. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0011.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of theft. There are five elements in theft: appropriation; property; belonging to another; dishonesty; and intention permanently to deprive. The first three listed are the actus reus elements and the last two are the mens rea. The offence is under s 1 Theft Act 1968, but ss 2–6 give (some) guidance on each of the elements.

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42

Allen, Mischa. Concentrate Questions and Answers Criminal Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745204.001.0001.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. Concentrate Q&A Criminal Law offers advice on what to expect in exams and how best to prepare. The book starts off looking at exam and assessment techniques and then moves on to consider the elements of a crime (including actus reus and mens rea), murder and manslaughter, non-fatal offences, and sexual offences. It examines defences in detail before looking at inchoate offences, property o

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43

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.31 Grounds for excluding criminal responsibility/Motifs d’exonération de la responsabilité pénale. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0036.

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This chapter comments on Article 31 of the Rome Statute of the International Criminal Court. Article 31 describes what is known in most criminal justice systems by the terms ‘defences’, ‘excuses’, and ‘justifications’ for excluding criminal responsibility. It addresses several defences: insanity, intoxication, self-defence, duress, and necessity. It is followed by two other provisions, articles 32 and 33, defining specific defences. It is not apparent why articles 32 and 33 were not consolidated into the general provision, article 31. To the extent that they refute a charge, age (article 26),

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44

Monaghan, Nicola. 9. Theft. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0009.

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Abstract:

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of theft. There are five elements of the offence of theft. Three are actus reus elements: appropriation; property; and belonging to another. There are two mens rea elements: dishonesty and intention to permanently deprive. The prosecution must prove all five elements in order for a convictio

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45

Allen, Michael, and Ian Edwards. Criminal Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198831938.001.0001.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide.

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46

Allen, Michael, and Ian Edwards. Criminal Law. 16th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869931.001.0001.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide.

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47

Allen, Michael J. Criminal Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788676.001.0001.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 25 years. This is the fourteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide

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48

Herring, Jonathan. 6. Sexual offences. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815150.003.0006.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses sexual offences, including rape, assault by penetration, sexual assault, and causing sexual activity. Sexual offences are all governed by the Sexual Offences Act 2003. The meaning of consent is key because lack of consent is an element of the actus reus, and the belief about consent is an element of the mens rea. Where the victim is aged

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49

Allen, Mischa. Concentrate Q&A Criminal Law 2e. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198817505.001.0001.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers,author commentary and advice on study skills. Concentrate Questions & Answers Criminal Law offers advice on what to expect in exams and how best to prepare. The book begins by looking at exam and study techniques and then moves on to consider the elements of a crime (including actus reus and mens rea), murder and manslaughter, non-fatal offences, sexual offences. It then looks at a range of property offences, bef

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50

Holton, Richard. Crime as Prime. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828174.003.0006.

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This paper develops an account of core criminal terms like ‘murder’ that parallels Williamson’s account of knowledge. It is argued that while murder requires that the murderer killed, and that they did so with a certain state of mind, murder cannot be regarded as the conjunction of these two elements (the action, the actus reus, and the associated mental element, the mens rea). Rather, murder should be seen as a primitive notion, which entails each of them. This explains some of the problems around criminal attempt. Attempted murder cannot be seen simply as involving the state of mind of murde

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