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The Evolution of Mens Rea: From "Wickedness" to Specific Elements (Robinson)
As Prof. Robinson explains, the criminal law's conception of mens rea has its roots in religious thought and ecclesastical courts--in the Christian concept of sin. As the common law developed, that quasi-religious notion of "wickedness" became part of the definition of most crimes. Over time, however, the vagueness and iimprecision of that concept created ambiguity and uncertainty. In the past 60 years, our concept of mens rea has become much more precise--largely through the contributions of the Model Penal Code. In this section, we will review that evolution.
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