Mens Rea & Actus Reus.

 * Mens Rea             *Actus Reus.

       

                 

                                    Mostly crimes pivot upon... mens rea and actus reus.

            Mens rea.... to have "a guilty mind."

         It is wrong for those who innocently cause harm.

          Actus reus literally means "guilty act,"  an overt act for commission of a crime. The Physical act of Committing a Crime.

* The actus reus and the mens rea are of concomitant value.

* Most crimes have the element of a mens rea.

* Must always be proven that an unlawful  act  is committed by an accused.

*It will usually have to be proven that the accused committed with guilty mind in engaging such conduct.

Intensity  of intention.

Theft case:- the prosecution must that the defendant intentionally took property  without entitlement.

 Negligent homicide, A drunk driver who kills another is often charged with criminal negligent homicide.

General Intention.

 General intention is to do something that the law prohibits.

Specific Intention.

Special intention is beyond the actus reus, of the crime,  generally signifies an intentional or known state of mind.

* Strict Liability Crime.

 Intention is irrelevant in strict liability crimes. Only to prove that the forbidden act occurred.

 Rape & Murder,etc, are  strict liability crime.

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 Vicarious liability offenses  

The defendant's criminal liability is predicated upon the actions of another, often based upon an employer/employee relationship. .

Voluntary Act.

   Actus reus requires a voluntary act.  A lifeguard who allows a child to drown would almost certainly face criminal charges.

Purpose:   A person acts  with the intention that his action causes a certain result..

Knowledge: A person acts knowingly if he is aware that his conduct will result in certain consequences.

The difference between acting intentionally and acting knowingly is somewhat subtle,

Negligence: A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions.

Concurrence of the Actus Reus and Mens Rea

In order to be convicted of a crime the defendant must have had the requisite intent at the moment he performed the act. This is called the concurrence rule

Intention and Mens Rea

intention means whoever  fires at any person with the intention to carry out murder shall be guilty of a felony, whether or not it will result to any physical harm. The intent of the accused can only be determined from a consideration of his actions and the surrounding circumstances.

Diagnosis of Intention.

 Apparently, if the accused expressed the intention to do a thing and carried on to accomplish that intention, proving that the accused acted with intent will be reasonably simple.

Omissions Liability and Actus Reus

 In criminal liability, an omission or a part thereof cannot form the actus reus of a crime as a general rule. But this principle is also subject to exceptions.

Concurrence of Mens Rea and Actus Reus

      It must moreover establish that mens rea existed at the time of the actus reus. At times whether the actus reus and mens rea concurred may not be apparent. An actus reus is a continuing act, and as such, in order to ensure a conviction, the accused must be proven to have the required mens rea at some period during its continuation, although it is not essential to establish that at the outset the requisite mens rea was present with the accused.

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