Mens Rea as a Screening Device

Although mens rea is an essential element of a crime, little economic analysis has been done on this topic. This paper aims to fill this gap. The mental states of criminal offenders contain information on the probability of their actions causing harm. For example, the mental state of a murderer, which is different from that of a hunter, contains information on the ex-ante probability of causing a fatal injury. By considering the mens rea of the offenders, the court can limit the deterrence to murderers. In addition to mens rea, the economic reasoning behind strict liability and criminal excuses are studied.