This case has been cited 3 times or more.
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2007-06-21 |
TINGA, J. |
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| The long-standing Latin maxim "actus non facit reum, nisi mens sit rea" supplies an important characteristic of a crime, that "ordinarily, evil intent must unite with an unlawful act for there to be a crime," and accordingly, there can be no crime when the criminal mind is wanting.[35] Accepted in this jurisdiction as material in crimes mala in se,[36] mens rea has been defined before as "a guilty mind, a guilty or wrongful purpose or criminal intent,"[37] and "essential for criminal liability."[38] It follows that the statutory definition of our mala in se crimes must be able to supply what the mens rea of the crime is, and indeed the U.S. Supreme Court has comfortably held that "a criminal law that contains no mens rea requirement infringes on constitutionally protected rights."[39] The criminal statute must also provide for the overt acts that constitute the crime. For a crime to exist in our legal law, it is not enough that mens rea be shown; there must also be an actus reus.[40] | |||||
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2001-03-27 |
DAVIDE JR., C.J. |
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| Considering that death penalty is involved, the trial court should have been more scrupulous in weighing the evidence. If we are to subscribe to the trial court's finding that GLENN must have merely wanted to scare the rear guards, then intent to kill was wanting. In the absence of a criminal intent, he cannot be held liable for an intentional felony. All reasonable doubt intended to demonstrate negligence, and not criminal intent, should be indulged.[18] | |||||