ABSTRACT

'Mens Rea': An Overview of State-Of-Mind Requirements for Federal Criminal Offenses [July 7, 2021]   [open pdf - 2MB]

From the Summary: "The concept of 'mens rea', or a 'guilty mind,' reflects the idea that a crime generally must consist of not only a proscribed act but also a 'mental element' sufficient to warrant punishment. Three questions regularly arise with respect to the mental state required for a given federal crime: (1) whether the statute establishing the crime contains a mental-state requirement, or requirements, at all; (2) if the statute does contain mental-state requirements, which elements of the offense must meet which requirements; and (3) what the mental-state requirements mean. Under federal law, determining the mental state required for commission of a crime necessitates an examination of congressional intent."

Report Number:
CRS Report for Congress, R46836
Author:
Publisher:
Date:
2021-07-07
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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