THE EVOLUTION OF MENS REA: FROM MORAL BLAME TO LEGAL RESPONSIBILITY

Abstract

The foundational principle of criminal law mens rea (guilty mind) has governed culpability for centuries, requiring proof of intent, knowledge, or recklessness. However, the proliferation of autonomous artificial intelligence systems creates an unprecedented legal paradox: when algorithms make decisions that cause harm, traditional frameworks struggle to locate culpability in non-human entities lacking consciousness, volition, or moral agency. This book chapter examines the inadequacy of conventional mens rea doctrine in the age of AI, explores the conceptual impossibility of machine culpability under existing law, and proposes a reconstructed framework for accountability centered on human choice rather than algorithmic intent. Drawing on comparative legal analysis, case law, and emerging regulatory frameworks, the book chapter demonstrates that culpability in the digital century must shift from attributing responsibility to machines to examining the design, deployment, and governance choices of developers, organizations, and regulators who shape algorithmic systems.