What I like about mens rea is that it's egoistic, rather than altruistic. Strictly speaking, there is no way to ever fully compensate a victim, so to think of punishment as repaying the victim is pointless. Its also pointless to think of punishment as punishment per se - as if the purpose of incarcerating someone is to help him fix himself. Mens rea, however, implicitly recognizes that the purpose of criminal punishment is simply to protect against danger, in the same way you put on sunscreen
... to protect against the sun. Mens rea acknowledges that not all murderers, for example, are equally as dangerous. That their motives give insight into the degree of danger they pose.
@ TheTruthgeneral "you can do something that is against the law but because there is no criminal intent or mens rea it can be said that no crime was committed"
please check out a more precise definition of crime.The notion of mens rea along with actus reas is what is necessary for a crime to be established.So it is not that one can commit a crime and not have mens rea but mens rea is a part of establishing that a crime was actually committed.So you can do something that is against the law but because there is no criminal intent or mens rea it can be said that no crime was committed.This is of course not applied in all cases but true
What I like about mens rea is that it's egoistic, rather than altruistic. Strictly speaking, there is no way to ever fully compensate a victim, so to think of punishment as repaying the victim is pointless. Its also pointless to think of punishment as punishment per se - as if the purpose of incarcerating someone is to help him fix himself. Mens rea, however, implicitly recognizes that the purpose of criminal punishment is simply to protect against danger, in the same way you put on sunscreen
grantsinmypants2 3 weeks ago
... to protect against the sun. Mens rea acknowledges that not all murderers, for example, are equally as dangerous. That their motives give insight into the degree of danger they pose.
grantsinmypants2 3 weeks ago
@ TheTruthgeneral "you can do something that is against the law but because there is no criminal intent or mens rea it can be said that no crime was committed"
I thought I covered that.
MrCropper 1 month ago in playlist More videos from MrCropper
please check out a more precise definition of crime.The notion of mens rea along with actus reas is what is necessary for a crime to be established.So it is not that one can commit a crime and not have mens rea but mens rea is a part of establishing that a crime was actually committed.So you can do something that is against the law but because there is no criminal intent or mens rea it can be said that no crime was committed.This is of course not applied in all cases but true
TheTruthgeneral 1 month ago
Mens Rea, Actus Reus, and Reckless Behavior.
AkivaII 1 month ago
Another great and INTERSTING video.
WarVideo 1 month ago