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In
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
, knowledge is one of the degrees of '' mens rea'' that constitute part of a crime. For example, in English law, the offense of knowingly being a passenger in a vehicle taken without consent (
TWOC In England, Wales and Northern Ireland taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV) describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar of ...
) requires that the prosecution
prove Proof most often refers to: * Proof (truth), argument or sufficient evidence for the truth of a proposition * Alcohol proof, a measure of an alcoholic drink's strength Proof may also refer to: Mathematics and formal logic * Formal proof, a con ...
not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without consent. Under the principle of ''
ignorantia juris non excusat In law, ( Latin for " ignorance of the law excuses not"),'' Black's Law Dictionary'', 5th Edition, pg. 672 or ("ignorance of law excuses no one"),'' Black's Law Dictionary'', 5th Edition, pg. 673 is a legal principle holding that a person who i ...
'', ignorance of or mistake about the law is no defense. The ''mens rea'' of knowledge refers to knowledge about certain facts. It is "a positive belief that a state of affairs exists". Knowledge can be actual, constructive, or imputed.


Actual knowledge

A defendant does not have ''actual knowledge'' if they believe something to the contrary. The standard is subjective and the belief of the defendant need not be
reasonable __NOTOC__ Reasonable may refer to: * Reason, the capacity for rational thinking * Reasonable accommodation, an adjustment made in a system to accommodate an individual's need * Reasonable and non-discriminatory licensing, a licensing requirement ...
, only honest.Herring (2004) ''p.''171 For example, in '' R v. Williams'' the defendant intervened in what he thought was a mugging but was in fact a
citizen's arrest A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which ...
. His mistake was upheld as a defense against a charge of
assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
. In '' Beckford v. R'' the defendant was a
police officer A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
who shot and killed V. Beckford claimed that he believed that V was shooting at him. It was found that the correct test was whether D "honestly belied" facts which, if true, would establish a defense. The reasonableness of the belief would be
evidential In linguistics, evidentiality is, broadly, the indication of the nature of evidence for a given statement; that is, whether evidence exists for the statement and if so, what kind. An evidential (also verificational or validational) is the particul ...
in finding whether it was truly believed.


Constructive knowledge

Knowledge is also found where a defendant suspects that circumstances exist and "deliberately decides not to make any further enquiries" in case his suspicions prove well founded. A common example is a person who purchases significantly inexpensive and unprovenanced but desirable items from a stranger. Such a person is likely to be fixed with ''constructive knowledge'' that the items were
stolen Stolen may refer to: * ''Stolen'' (2009 Australian film), a 2009 Australian film * ''Stolen'' (2009 American film), a 2009 American film * ''Stolen: The Baby Kahu Story'' (2010 film), a film based on the real life kidnapping of baby Kahu Durie ...
.


Imputed knowledge

This is relevant in strict liability offenses and in
corporate crime In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals acting on behalf of a corp ...
. For example, if a bar manager delegates his duties to others and those others know of unlawful activities on the premises, the manager can be fixed with ''imputed knowledge'' of the unlawful activities.''Ferguson v. Weaving''
951 Year 951 ( CMLI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He reo ...
1 All ER 412 (England)


References


Bibliography

* Criminal law Forensic psychology {{law-term-stub