“Actus non facit reum nisi mens sit rea” is a latin phrase which translated means "the act does not make a person guilty unless the mind be also guilty". In other words, to be guilty of a crime there must be some level of mental culpability (ie: intentional, reckless, negligent). An individual’s action is referred to as the ‘actus rea’ and the mental state of the actor referred to as the ‘mens rea’. You cannot be found guilty of a crime unless the requisite mental culpability has been established. There are some exceptions for strict liability acts, but we’ll discuss that at … [Read more...]