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Comment by brigandish

1 day ago

Negligence, and recklessness, which is where I would place drunk driving, are both mens rea.

https://en.m.wikipedia.org/wiki/Criminal_negligence

We are discussing intent.

  • Mens rea is criminal intent, actus reus is criminal action. Without mens rea there is no crime (there being the exception of strict liability crimes, which do not apply here and would not involve intent at all anyway).

    From [1]:

    > It is generally agreed that the essential ingredients of any crime are (1) a voluntary act or omission (actus reus), accompanied by (2) a certain state of mind (mens rea).

    [1] https://www.britannica.com/topic/criminal-law/The-elements-o...

    • "Mens rea" is generally a lower bar than what "intent" means in common usage. Mens rea is refers to the intent to take a specific action. Intent in common usage refers to the intent to cause a specific outcome.

      For drunk driving there definitely is mens rea. A drunk driver did intend to get in their car to drive. Whether or not they intended to create grave risk to life is up for debate.