Table of Contents
Beginning
Criminal Law’s essence
Actus Reus is a Guilty Act
A person’s awareness of the wrongfulness of their actions.
The doctrine mens rea was developed.
Sri Lankan Doctrine Mens Rea
Nature of Doctrine mens.
1.Intention
2.Rashness (Recklessness)
3.Negligence
In summation
Bibliography
Introduction
This is an introductory statement.
What is a criminal offense? It’s difficult to define a crime in one sentence. Criminal law also uses the terms ‘crime’ as well as ‘criminal liability’. It is simply possible to say that crime can be defined as an action of another person or an inaction. However, this doesn’t address all aspects of the larger subject. There are two other elements to this equation that we call Constituent Elements. These are Actus Reus (or Mens Rea) and are essential elements of a crime. These elements are commonly known as criminal law’s essence. We will be discussing the evolution and nature of Mens Rea’s doctrine.
Criminal Law’s essence This basically means that a man should not be found legally guilty if his mind is not blameworthy. This principle is explained in Latin for Lawyers. This principle has been called the golden thread in criminal legal law. Two factors can be identified in this: Actus Reus and Mens Rea. A crime is an offense against society. The offender must be punished for his or her crimes. The act was not considered until the thirteenth century. This doctrine was modified by Bracton and Hale in England to create an embryonic mens-rea.
Some courts have said that the intention of committing a crime is the essence and sole purpose of criminal law. Criminal law is based on the requirement that the accused be proven guilty of a crime. This statement says that the accused can’t be held responsible by the prosecution for his crimes and cannot therefore be held accountable for the act. Robert Duncan, in the case Duncan against the State was found guilty of taking slaves from their owners without their consent. Although the accusation was found to have known that a negroslav was inside the board, it was not proven that this was the case. This crime was committed without the mens-rea element. It was then proven that Duncan wasn’t guilty of the crime because he didn’t intend to do it. We can see in this case that the intention must be to prove the crime. It is the heart and soul of the crime. Intention is what makes a crime a criminal offense.
Men’s rea was not created by Roman law in ancient times. Mens rea in Irish law was specifically considered when it came to the punishment for homicide. This also contributed to the development of the theory on mens’ rea. Salic law was used to nurture it, as well as Hebrew law, Angelo Saxon law, and Christian Theology, which mainly focuses on the Bible. Before the doctrines of mens, or the lack thereof, it was believed that the actus, or the inaction, was the sole justification for criminal acts. After that, the mens-rea element was established and is being used by English courts. Howard, a well-known modern writer, stated that the development of mens’ rea was a sign of the increasing influence of criminal law on ethical considerations, and morality.
Doctrine mens.rea in Sri Lanka. Sri Lanka became a colony and was subject to English law. The English commonlaw established the element “mens rea” through court decisions. It covers all elements of a criminal offense in Sri Lanka. These definitions were set out in the 1883 Sri Lankan Penal Code. It clearly outlined offences, the punishments for offenders and the effects of men’s actions on the crime. This code also clarifies how to justify or punish an act. This is the way that Sri Lankan courts assess men’s nature.
Nature of Doctrine mens.rea. American authorities declared that mensrea is “chameleon-like” and takes different colours depending on the environment. This statement shows that men’s rea is affected by time and environment. We’ll be discussing three key concepts in the doctrines of mens and rea.
Objective
Rashness is also known as Recklessness.
Negligence
1.IntentionA simple definition means that the person intends to act. Criminal law requires that the accused’s intention be known before they are punished. To be punished, an accused must have a voluntary intention. The Sri Lankan penal Code has the ability to delineate an act’s intent or unintended.
E.g. : Penal Code section 150, section 293.
The doctrine of mens real can be seen as early as the case Regina V. Prince. The defendant claimed that he had taken a girl under the age of consent from her father. This case shows that the defendant committed the crime with a guilty mind. Lord Bramwell said that the defendant intended to inflict criminal liability and that the mens rea was necessary. This proves that it is not possible to know the details of every crime. In the case of Prince, Lord Brett said that Prince had at least intended to commit a crime and that it was immoral. The role of morality in mens rea is also important. It was slowly developed.
2.Rashness (Recklessness)Rashness is doing a criminal act knowing that the act behaviour itself will cause a crime with the hope that the consequences of that action will not follow. This risk-taking is the basis of many crimes. However, criminal charges will ultimately be brought against those responsible. Sri Lankan law accepts rashness to be sufficient mens abet of certain offenses. It is a crime to take a risk.
3.NegligenceNegligence can be defined as a breach of duty that has been imposed by law hence it can be also understood as an omission. English law does not allow negligence to be considered criminal liability. Turner exempted negligence from the mens rea. There are certain circumstances in which Sri Lankans may be held liable for negligence. This has also been called a sufficient mental element for some offenses. It is important to note that civil and criminal law have different standards of negligence. This is because of the various implications of civil and criminal liabilities.
Conclusion. The above-described factors demonstrate that doctrine of mens.rea cannot be described in a specific way. Furthermore, it is a constantly changing doctrine. It is often called the essence of crime. This element is essential for crime to occur. It is important to note that the nature and development of the doctrines of mens rea were not achieved overnight. They were developed and nurtured over time. It is also supported by the Sri Lanka penal code.
Bibliography
G. A. Endlich Criminal Law Magazine and Reporter. 13, No. 6 (November 1891), pages 831-844.
G. L. Peiris, General Principles of Criminal Liability In Sri Lanka (1971).
book 1 and 2.
Paul T. Robertson, Mens Rea (22 January 2014) https:doi.org10.10029781118517383.wbeccj378 (01 Mar. 21).
The Penal Code of the Democratic Socialist Republic of Sri Lanka, passed in 1883, outlines criminal offenses and punishments.
