The Criminal Mind

This chapter amplifies the concept of a criminal offense by examining the concept of criminal culpability and the proposition that a guilty mind or mens rea is also a necessary element of every criminal offense. Although mens rea is a central concept of the criminal law, it is an ambiguous one. This chapter explains that ambiguity historically. It shows that over the course of two centuries a utilitarian reform movement developed and promoted the idea that every offense should have a statutorily defined mental element. Prior to that time, culpability figured primarily as an excuse. This chapter also discusses the related concept of strict liability, or liability without culpability.