'Mens rea' : a comparative analysis

Abstract

'Mens rea' is perhaps the most critical concept under our law. The term 'mens rea' is used mostly in Common Law countries to indicate the guilty state of mind. In Continental European Countries, especially Italy, reference is made to the 'formal condition of liability. ' Since, different terms are being used by different countries to indicate the guilty state of mind, confusion started to arise as to what is the real meaning of 'mens rea. ' This thesis hopes to outline the problems that have faced the judiciary in trying to define 'mens rea. ' To achieve this purpose a comparative analysis will be made in order to make a detailed study regarding the different views of the guilty state of mind. I will be concentrating mainly on three systems, the Common Law system, the Scots Law system and the Italian Law system. Frequent references will also be made to Maltese Law.