THE NEUROLOGICAL INCLINATION OF MENS REA OF AN OFFENCE

Abstract

In the proof of criminal allegations in most proceedings, the physical element of the offence, to wit, the actus reusoften time speaks for itself. Howbeit, conviction can never be sustained without the proof of guilty mind, to wit,mens rea as required by law. The mental element of the offence is the state of mind of the defendant as at the timeof commission of the alleged offence. Mental creations, decision making, cognitions and conceptualization ofideas and purposeful execution are no doubt products of neurological activation of the brain. Therefore, thisscholarly investigation is geared toward the critical examination of the relationship between mens rea and neuralstimulation of brain neurons. The definitive intendment of the paper is to ascertain categorically whether mensrea is neuroscientific oriented in its conceptualization and utilization in criminal jurisprudence. Themethodological approach adopted in outcropping the intention of the paper are meta-analytical and doctrinalmethods, and as well the utilization of primary and secondary sources of information.