Arkansas Criminal Defense Blog ©

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YLS In Brief

From now on every week I will post a legal term that is connected to the criminal law field.

Today’s Legal Term is Mens Rea.

Mens Rea is the mental component of a criminal offense. An accused’s mental state can affect his/her charge as much as the act itself. See Nolo.
Example: If someone is intoxicated at a party, playing with his loaded gun, and it goes off and shoots someone then that person’s mental state is less culpable than if that same person had stalked an individual for 5 years, learned the persons habits, and broke into their home for the purpose of killing that person.

In Arkansas there are generally four different culpable mental states: Purposefully, Knowingly, Recklessly, and Negligently.

Next week’s legal term: Actus Reus.

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Justin Eisele is an attorney and shareholder at Eisele & Huffman, P.A. He is a former deputy prosecutor and handles all matters related to criminal law. As a prosecutor he handled DWI, Drug, Theft, and numerous other types of charges. Call for a free consultation at 501-315-5293.



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