Mens Rea Essay

According to Cornell University Law School (n.d.), Mens Rea refers to a “state of mind indicating culpability which is required by statute as an element of a crime”. In other words, proving that the defendant is guilty beyond reasonable doubt, and, is aware of the repercussions of his/her misconduct is essential for him/her to be convicted. In the case of Maria, she was found possesing coccaine in the car that she was driving. In many cases, she could be charged with conspiracy to possess controlled substances with intent to distribute, since the prima facie evidence stated that she was driving the car filled with Coccaine (FederalDrugCharges.net, 2016). As defined by Farflex (n.d.), Conspiracy is “an agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors”. In cases like these, the individual found red-handed would surely face not just one offence (conspiracy), but other also of other offences. And, in her case, those charges were importing and possessing with intent to distribute a controlled substance. …show more content…
Perhaps, proving that she is innocent by reasoning out that she was either coerced or proving that her mental state is not capable of commiting such crimes could help her case (Cornell University Law School - Legal Information Institute, n.d.). However, given that she was proven to have knowledge of the compartment but refused to check it, the Modern Penal code could also charge her with either possesion (most severe) or negligence (least severe) (Cornell University Law School - Legal Information Institute, n.d.). This could also very in many states depending on where she is in. But, in most states charges of possession could make Maria serve 10 years or more in