Comparative Criminal Justice Systems : Guilty But Insane

1283 Words6 Pages
Rona Johnson
CRJ613: Comparative Criminal Justice Systems
Guilty but Insane
Prof Jonathan Sperling January 23, 2017

Criminal Intent
“Mens rea: In criminal law, the guilty mind. It refers to the intent that is needed in order to be found guilty of a crime” (Bartol, C. R., 10/2014). Mens rea is a very important aspect of the criminal justice system and it is really important when the issue of mental competency plays a factor in a criminal case.
There are four different levels of the mens rea code. Once you are aware of the levels it gives you a brighter understanding of what needs to be proven in a court of law.
“Model Penal Code: A proposed criminal code drafted by the American Law Institute that states may choose to adopt as
…show more content…
The risk must be substantial enough that the action represents a gross deviation from what a reasonable law abiding person would do.
The difference between recklessness and knowledge is that where a person acts knowingly he acts with the certainty that a certain result will follow from his actions. However, where a person acts recklessly, the person does not know for sure that a specific result will follow. Rather, he only knows that there is a substantial risk that the result will follow. For example:
Negligence: A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness, the actor must be aware of the risk involved with her actions, whereas, for negligence, the actor is not aware of the risks but should have known what those risks were”(National Paralegal College, 2017).
In Regards to Great Britain and the mens rea it is not the same as it is in the United States. “The M’Naghten Rules provide that a person who knows the physical quality of his act will. nevertheless, be excluded from punishment if(under the second limb of the Rules) he did not know it was wrong” “The application of the doctrine of mens rea to sane and insane actors results in two apparent anomalies. First, where it is established that a

More about Comparative Criminal Justice Systems : Guilty But Insane

Get Access