Chapter 04, Class 11

Recklessness & Willful Blindness as Forms of Mens Rea

Legal definition of recklessness

That the accused continued in their course of conduct despite knowing/foreseeing the imposing risk

Legal definition of wilful blindness

Deliberate ignorance by suppressing one's suspicion of the criminal-ness of their circumstances/conduct

Landmark case for willful blindness

Briscoe (2010)

The difference between recklessness and willful blindness

* Recklessness: the accused knows the risk and still goes through with the conduct
* Deliberately chooses to ignore their suspicion of the criminality of their conduct

The relationship between knowledge and willful blindness as Forms of subjective mens rea

In many cases, if it's not a mens Rea of knowledge, it's most likely that of willful blindness to their own suspicion of criminal activity…they are both in a similar realm of the Guilty Mind in terms of what the accused knows during the time of the execution of prohibited conduct