Four functions of mens rea

摘要

Everyone agrees that mens rea is relevant to fault. The maxim actus non\udfit reus nisi mens sit rea has been around for centuries.1 According to\udfoundational principles of the criminal law, it is normally not enough\udto support a conviction that D perpetrates the actus reus. Neither\udshould it be. Causing harm to another person may be unfortunate, but\udthe moral turpitude associated with a criminal conviction requires\udsome element of fault. And to show that, we need mens rea.