Quote:
Originally Posted by golfing eagles
I'm forced to disagree with "concept 2" or more accurately, set the record straight
The basic legal term is mens rea---essentially criminal INTENT, without which there is no crime. To be more specific:
Mens rea (/ˈmɛnz ˈreɪə/; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes.
The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. "the act is not culpable unless the mind is guilty".[1] As a general rule, someone who acted without mental fault is not liable in criminal law. Exceptions are known as strict liability crimes.
As the federal constitution entrenches a right of due process, the United States usually applies strict liability to only the most MINOR crimes or infractions. One example is a parking violation, where the state only needs to show that the defendant's vehicle was parked inappropriately at a certain curb. Serious crimes like rape and murder usually require some showing of culpability or mens rea.
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It's good to know that I can speed down a highway at 100 MPH and if I crash and kill someone I can't be charged with the death because I didn't intend to kill anyone.