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Crime Quote by William Landay

“In court, the thing we punish is the criminal intention. -the mens rea, the guilty mind. There is an ancient rule: actus non facit reum nisi mens sit rea - "the act does not create guilt unless the mind is also guilty." That is why we do not convict children, drunks, and schizophrenics: they are…” quote by William Landay
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““In court, the thing we punish is the criminal intention. -the mens rea, the guilty mind. There is an ancient rule: actus non facit reum nisi mens sit rea - "the act does not create guilt unless the mind is also guilty." That is why we do not convict children, drunks, and schizophrenics: they are incapable of deciding to commit their crimes with a true understanding of the significance of their actions. Free will is as important to the law as it is to religion or any other code of morality.””

William Landay

About This Quote

Source Book: The Legal Mind, William Landay, 2015

The law punishes not just actions but the guilty intent behind them, recognizing that without a culpable mind, responsibility is limited.

In simple terms: Criminal liability requires a guilty mind.

Key Takeaway

Consider intent, not just act.

Themes

law responsibility intent morality

Mood

thoughtful serious

Type

ethical legal philosophical

When to use this quote

  • court trials
  • juvenile justice
  • insanity defense
  • policy making

Key Concepts

mens rea free will legal ethics

Questions to Reflect On

  • How do we balance protection of society with fairness to those lacking intent?
  • Should intent always outweigh the act?
A Different Perspective

Children, drunks, and those with severe mental illness may lack the capacity for criminal intent, challenging uniform punishment.

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