apple
Journal of Criminal Law and Criminology
Volume 29
Issue 5 January-February
Article 2
Winter 1939
Concept of Mens Rea in the Criminal Law
Eugene J. Chesney
Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/jclc
Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal
Justice Commons
Recommended Citation
Eugene J. Chesney, Concept of Mens Rea in the Criminal Law, 29 Am. Inst. Crim. L. & Criminology 627 (1938-1939)
This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized administrator of Northwestern University School of Law Scholarly Commons.
THE CONCEPT OF MENS REA IN TUE
CRIMINAL LAW
EUGENE J. CHESNEY* '
The essence of criminal law has been said to lie in the maxim"actus non facit reum nisi mens sit rea." Bishop writes: ' "There can be no crime large or small, without an evil mind. It is therefore a principle of our legal system, as probably it is of every other, that the essence of an offense is the wrongful intent, without which it cannot exist." This examination of the mental element or mens rea requisite for crime, will be restricted with reference to the use of the term itself in so far as it signifies the mental element necessary to convict for any crime, and only regarding crimes not based upon negligence.
A possible division for such consideration is the following:
Requisite mens rea in the early law.
Beginnings of the mens rea concept.
Subsequent development of a general mens rea as necessary for crime. 4. Application of the general concept to some individual crimes,
5. Application of the general concept regarding some specific defenses.
6. Some general present day applications of the term.
1.
2.
3.
1.
Most of the records agree that early criminal law developed from the blood feud and
Volume 29
Issue 5 January-February
Article 2
Winter 1939
Concept of Mens Rea in the Criminal Law
Eugene J. Chesney
Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/jclc
Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal
Justice Commons
Recommended Citation
Eugene J. Chesney, Concept of Mens Rea in the Criminal Law, 29 Am. Inst. Crim. L. & Criminology 627 (1938-1939)
This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized administrator of Northwestern University School of Law Scholarly Commons.
THE CONCEPT OF MENS REA IN TUE
CRIMINAL LAW
EUGENE J. CHESNEY* '
The essence of criminal law has been said to lie in the maxim"actus non facit reum nisi mens sit rea." Bishop writes: ' "There can be no crime large or small, without an evil mind. It is therefore a principle of our legal system, as probably it is of every other, that the essence of an offense is the wrongful intent, without which it cannot exist." This examination of the mental element or mens rea requisite for crime, will be restricted with reference to the use of the term itself in so far as it signifies the mental element necessary to convict for any crime, and only regarding crimes not based upon negligence.
A possible division for such consideration is the following:
Requisite mens rea in the early law.
Beginnings of the mens rea concept.
Subsequent development of a general mens rea as necessary for crime. 4. Application of the general concept to some individual crimes,
5. Application of the general concept regarding some specific defenses.
6. Some general present day applications of the term.
1.
2.
3.
1.
Most of the records agree that early criminal law developed from the blood feud and
Bibliography: Criminal Law-Bishop (9th ed. 1930). The Common Law-Holmes (1881). History of English Law-Pollock and Maitland (2nd ed. 1923). Mens Rea-Sayre, 45 Harvard Law Review (1934). Origin of the Doctrine of Mens Rea-L6vitt, 17 Illinois Law Review (1922). Extent and Functions of the Doctrine of Mens Rea-L6vitt, 17 Illinois Law Review (1923). Cases of Criminal Law, Sayre (1927). Criminal Attempts, Sayre-41 Harvard Law Review (1931).