The Forms of Mens Rea

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Forms of Mens Rea
Intent: Mental desire and will to act in a particular way.
Example: Desiring to murder someone and acting in a way consistent
with achieving this desire.
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 Subjective Intent: (aka subjective standard) Intent that can
only be surmised (deduced, assumed) based on overt evidence.
ie: If Bill throws a rock at James, we can surmise that he intended
to hit James with the rock. However, we are forced to guess at
his intent, regardless of how clear it might appear to be.
 Objective Intent: (aka objective standard) Intent that can be
clearly established based on overt evidence. ie: If Bill throws a
rock at James, it is obvious to an objective observer that Bill
intended to throw the rock. The intent to carry out the action
would constitute objective intent. However, the intended result of
the action cannot be determined as easily. Did Bill intend to hit
James, or was Bill’s goal simply to scare James? Bill’s actual
goal would constitute subjective intent. Subjective intent is far
more difficult to prove.
Recklessness: In both negligence and criminal cases, careless to the
point of being heedless of the consequences ("grossly" negligent).
State of mind of a person who, doing an act, is aware of a risk that a
particular consequence is likely to result. Awareness of a risk is the
essence of recklessness. The defendant must foresee that a
particular consequence is likely to result.
Examples:
 Most commonly this refers to the traffic offence "reckless driving."  It can also refer to use of firearms (ie. shooting a gun in a public
place), explosives, or heavy equipment.
Wilful Blindness: To purposely remain ignorant of facts that would
indicate (lead one to know) that one is in fact committing a crime.
Note: Knowing that mens rea is required to prove guilt, maintaining
one’s ignorance of facts that would make them aware that they are
committing a crime might appear to present a strategy with which one
could defend oneself. However, if one premeditatedly remains
ignorant of such facts, then their own efforts to remain ignorant of
these facts will provide the mens rea required to prove guilt.
Examples:
Serving minors alcohol without asking for proof of age.
Having sexual relations with a minor without verifying age.
Delivering packages without confirming the contents of the
package.
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