Also known as: guilty mind · mens rea
Written by attorneys · grounded in primary & secondary sources — see below
The shared culpable mental states of participants in a criminal agreement. Under common law conspiracy doctrine each conspirator must specifically intend to achieve the same unlawful objective.
Georgia Gibbs proposed diverting client funds to an account she and Gino Giordano would control. Gino nodded and shook hands but had already contacted investigators and never intended to carry out the plan. Because Gino lacked genuine criminal intent no meeting of guilty minds occurred and no conspiracy formed.
Gavin Grant received a life sentence for possessing a large quantity of cocaine. The statute imposed the penalty based solely on drug quantity. The absence of any inquiry into Gavin's specific guilty mind regarding the quantity element did not violate the Eighth Amendment.
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Grace Gupta removed spent shell casings from federal land believing they were abandoned property. The statute criminalized taking government property without requiring proof of guilty mind. Because the offense contained no mens rea element Grace could not be convicted.
Giana Greco organized meetings teaching that the government should be overthrown by force as soon as possible. The statute required proof that participants shared a guilty mind to bring about violent revolution speedily. The evidence of that shared intent supported the convictions.
Greta Goldstein killed her husband after he attacked her. The prosecution bore the burden of proving beyond a reasonable doubt that Greta acted with guilty mind rather than in the heat of passion. Shifting that burden to the defense violated due process.
Genesis Pharmaceuticals refused to withhold taxes from employee wages on religious grounds. The statute imposed liability without regard to the employer's claimed lack of guilty mind. The religious belief did not excuse the failure to comply.
Common law conspiracy demands that at least two participants each possess genuine criminal intent. When one party only feigns agreement the requirement of shared guilty minds is not satisfied and no conspiracy exists.
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No. Courts examine whether both parties truly shared the criminal purpose. Secret reservations or feigned assent prevent formation of the meeting of guilty minds required at common law.
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When parties hold divergent understandings of the objective the specific intent to accomplish the same criminal purpose fails. The meeting of guilty minds cannot be found if the record leaves the precise unlawful goal uncertain.
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…statute mandates an examination of the defendant's state of mind—a concept known well to the criminal law as the defendant's mens rea .[^maj-17] It makes no difference in identifying the nature of this finding that Apprendi was also required, in order to receive the sentence he did for weapons possession, to have…