Mens Rea II

Mens Rea II

Continue your study of mens rea with a review of the mental states of recklessness and negligence.


Welcome to part two of our discussion on mens rea.

I. Recklessness

As you may recall, in part one we considered purpose and knowledge. Now let's look at a third type of mens rea: recklessness. An act is reckless where the defendant is aware of a substantial and unjustifiable risk that the defendant's conduct will cause a harmful result. The defendant doesn't know that the result will likely occur, but the defendant does know that there's a big risk, and despite that risk, proceeds with the...