SCIENTER
Categories: Criminal Law
Definition (1910 Edition)
Lat. Knowingly. The term is used in pleading to signify an allegation (or that part of the declarution or indictment which contains it) setting out the defendant’s previous knowledge of the cause which led to the injury complained of, or rather his previous knowledge of a state of facts which it was his duty to guard against, and his omission to do which has led to the injury complained of. The insertion of such an allegation is called “laying the action (or indictment) with a scienter.” And the term is frequently used to signify the defendant's guilty knowledge.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.