Is the current law on the mens' rea for murder in a satisfactory state? Mens' rea refers to the state of mind that the defendant must possess at the time of performing the act, e.g. intention, recklessness, knowledge, or dishonesty. The definition for murder is causing the death of another human being under the queens' peace within any country of the realm with malice aforethought. The definition for murder is a common law definition and is not set in a statute. The mens' rea of murder is malice aforethought, this means the intention to kill or cause grievous...
have the freedom to opt for murder or manslaughter. Reasons in favour of leaving the decision to the jury are flexibility; the jury represent the public, and are therefore the best people to decide, by judging each case on its own merit. R V Steane 1947, the defendant was found not guilty of assisting the enemy by making pro-German radio broadcasts during the war; a statutory definition would have found the defendant guilty. The system of guidelines is criticised for confusing the law, there is a need for either the jury to decide or a statutory definition.