The Guilty Mind

Mental Health Cop

This short post follows the recent one on criminalising children and relates to the pervading claim, which I heard again last week, that when it comes to the investigation of crime it is not the job of the police to investigate and prove mens rea, that this is a matter for courts. You will remember that mens rea is the latin term for the ‘guilty mind’ component of a criminal offence. To prove any offence in a criminal court, the prosecution must show that the accused defendant did the act or omission alleged and did so with a guilty mind. It’s not enough to show that they punched the victim, it must be shown to have been unlawful.

Well, it seems to be more widespread than I’d realised than when discussing the potential liability of inpatients on psychiatric wards, that there is an emerging train of thought that we…

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About Roger Nield MBE

Safety Director for the SMPL Organisation and supporting our Vulnerable Veterans Programme.
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