Legal Question in Criminal Law in Minnesota

Mens Rea Excuse Defense. I have been charged with Terroristic Threats but I was highly intoxicated at the time of the incident. Can I use the Mens Rea excuse defense to have this dropped?


Asked on 2/21/11, 2:05 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Mens rea is Latin. It means "guilty mind" or "Guilty knowledge." Every crime is made up of "elements," including at minimum, prohibited act, intent to do the prohibited act, and identity of the person who the act. If the prosecuting lawyer is unable to prove any one element, then the jury must by law acquit.

An "excuse" defense is a defense that says, "I did the prohibted act, intentionally, but there is a legally recognized excuse." Self-defense would be an example; the necessity defense would be another.

Involuntary intoxication is a recognized defense under Minnesota law. Voluntary intoxication is generally not. While voluntary intoxication is quite common; involuntary intoxication is not.

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Answered on 2/21/11, 7:35 am


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