Which of the following terms suggests subjective mens rea when found in criminal law?

In criminal law, subjective mens rea refers to the mental state of a person when committing an offense, specifically focusing on the individual’s intentions and awareness regarding their actions. The term that best embodies this concept is intent.

When a person acts with intent, they have a conscious desire to bring about a specific result or engage in particular conduct. This subjective approach delves into the mindset of the individual, establishing that they not only recognized the potential consequences of their actions but also actively sought to achieve those outcomes.

In contrast, negligence reflects a different standard of mens rea; it pertains to a failure to meet a reasonable standard of care, indicating a lack of awareness or disregard of a risk, rather than a conscious desire to cause harm. Routine suggests habitual behavior without necessarily implying any intention to commit a crime, while indifference denotes a lack of concern for the consequences of one’s actions, which could imply a level of recklessness but does not clearly align with the subjective intent that characterizes the mens rea of intent. Thus, intent accurately embodies the notion of subjective mens rea in criminal law.