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Simple English definitions for legal terms

general mens rea

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A quick definition of general mens rea:

General mens rea refers to the state of mind that accompanies an act, especially a forbidden act. It is the mental resolution or determination to do something that violates the law. This state of mind is required for the commission of certain common-law crimes that do not require a specific intent or impose strict liability. General intent usually takes the form of recklessness or negligence. It is important to note that criminal intent does not require knowledge of the law violated.

A more thorough explanation:

General mens rea refers to the general state of mind that accompanies a forbidden act. It is the mental resolution or determination to do something that violates the law. When the intent to do something illegal exists, motive becomes immaterial.

For example, if someone steals something, their general intent is to perform the act of stealing, even if they do not desire the consequences that result.

General intent usually takes the form of recklessness, which involves actual awareness of a risk and the culpable taking of that risk, or negligence, which involves blameworthy inadvertence.

Another example of general mens rea is larcenous intent, which is the state of mind existing when a person knowingly takes away the goods of another without any claim or pretense of a right to do so and intends to permanently deprive the owner of them or to convert the goods to personal use.

Overall, general mens rea is the intent to perform an act that violates the law, even if the actor does not desire the consequences that result.

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