Pdf on oct 29, 2012, courtney klein and others published guilty act, guilty mind. In general, the more serious a crime is, the more important it is for the. In some offences the actus reus may only be proved by proving mens rea. The most obvious application of this rule to exclude liability is the case where the mens rea is formed after the actus reus has taken place. Cause and the contemporaneity of actus reus and mens rea. Both actus reus and mens rea are elements of a crime in which both are necessary in order for the defendant to be liable. Actus reus culpable action in latin is required to determine whether a crime has been committed, while mens rea guilty mind in latin is considered in determining the severity of the criminal offense. An introduction to criminal liability starting with actus reus, being the guilty act element of a crime. The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm.
Mens rea is only one of two components of a crime, the other being the actus reus. This chapter completes our introduction to the basic elements of a crime by introducing you to criminal intent, concurrence, and causation. The actus reus is the conduct element of an offence, this is what the defendant must have been proved to have done. Actus non facit reum nisi mens sit rea further explains as to how mens rea is applicable in criminal law. General principles1 a definition generally speaking, crimes have two components. To establish actus reus, a lawyer must prove that the accused party was. Have students discuss the state of mind and actions involved in each. The two basic components of criminal law is actus reus and mens rea. Actus reus, or criminal action, is the essential physical element of criminal liability, while mens rea functions as the essential mental element. It is therefore a principle of our legal system, as probably it is of every other, that the essence of an offense is the wrongful intent, without which it cannot exist. Mens rea, or criminal intent, includes four possible states of mind. This article is brought to you for free and open access by the law journals and related materials at.
Dec 08, 2015 the legal term actus reus, as used in modern times, stems from the 16th century writings of sir edward coke, in which he stated actus non facit reum nisi mens sit rea, which means an act does not make a person guilty unless his mind is also guilty. It will be contended that in these two categories of case blameless causal agency is apt to play too prominent a role in the imposition of. Criminal law lecture notes actus reus criminal law lecture notes criminal criminal law notes 5 theft and fraud exam 2015, questions and answers exam 12 may ss 2016, questions criminal law woolmington v dpp burden of proof. Free with 7day trial membership actus reus begin learning about the fundamental elements of criminal liability with this discussion of actus reus i. We learned that while mens rea involves the intent of the offender to commit the crime, actus reus involves the actual action of. The most blameworthy crimes are said to have been done purposely. Mens rea actus reus the ontario justice education network. Mens rea and actus reus are difficult concepts to grasp. The latin term for a guilty act, actus reus refers to the actions of the defendant.
Thus, it either represents the conduct andor the consequences that follow as a result of the conduct. Application of the general concept to some individual crimes, 5. When they threw him off the cliff, there was no mens rea as they can intend to kill someone they believed was already dead. Mens rea selfmade notes criminal law laws10032 studocu. Common law doctrine traditionally paired mens rea with actus reus. Actus reus and the criminal law criminal liability. That is to say when they formed the intention to kill, there was no actus reus as the man was still alive. Actus reus definition of actus reus by the free dictionary. Actus reus mens rea by kreativeteach teachers pay teachers. The latin maxim actus non facit reum nisi mens sit rea is derived from mens rea. Meanwhile the mens rea is the mental element of the crime. Pdf on oct 29, 2012, courtney klein and others published guilty act, guilty.
Used in a grade 12 law class, but can be used for any grade. It can refer to a general intent to break the law or a specific, premeditated plan to commit a particular offense. This video covers a basic definition of actus reus. Jul 25, 2016 the elements of actus reus are then elaborated upon. Actus reus refers to the physical aspect of a crime while mens rea refers to the mental aspect. English law often requires inention as to the consequence element of the actus reus while a lower degree of falt is considered sufficient in regard to the circumstantial element. What are the 7 elements of a crime, 7 elements of crime.
Use the thinkpairshare technique to introduce the idea of having a guilty mind. There must be an actus reus, a corresponding mens rea and, in addition, a second subjective element, the intent to destroy, in whole or in part. Common with all criminal offences in canada are the basic requirements that the crown must prove there was an action or omission known as the actus reus and that there was a simultaneous criminal intent known as the mens rea within particular circumstance. The actus reus and mens rea of a crime is to be found embedded in its definition. This article is brought to you for free and open access by the. As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime. This resource can be used as part of a larger unit on the criminal law, or to assist students. Today, in addition to meeting all of the actus reus elements of an offence, a defendant must be shown to have also have a guilty mind at the same time. Mens rea is the guilty mind or guilty intention to commit a crime, with the intention of causing hurt to another person, animal, or with the express intention of disturbing the peace. The elements of actus reus are then elaborated upon. Mens rea legal definition of mens rea legal dictionary.
Actus reus culpable action in latin is required to determine whether a crime has been committed, while mens rea guilty mind in latin is considered in determining the severity of. For there to be a crime, actus reus and mens rea must work together in concurrence. Mens rea and inchoate crimes northwestern university. In all conventional criminal trials in the united states, these two elements, latin terms for culpable mind and culpable action. Read mens rea case studies examples and other exceptional papers on every subject and topic college can throw at you. Actus reus actus reus is also a latin term and it means to do an act. Johnson, rethinking the presumption of mens rea, 47 wake forest l. This concept is the basis of todays legal test of guilt, which requires proof of fault. The term actus reus may conceal important underlying principles, while the fact that mens rea is used in a number of different sense can also create issues. This examination of the mental element or mens rea. Le brun, 2 there may be conduct with the mens rea required for the offence charged, but to no relevant causal effect, followed by a nonculpable causing of the actus reus of the offence.
However, the terms actus reusand mens rea are so widely used that they will be retained for the purposes of exposition in this book. Use the three comic book panels to illustrate the concepts of mens rea, actus reus and wilful blindness. As a general rule, someone who acted without mental fault is not liable in criminal law. Application of the general concept regarding some specific defenses. They appealed against their convictions on the grounds that the actus reus and mens rea of the crime did not coincide. The actus reus requirement excludes from criminal liability mere thoughts, a persons condition or status e. The concept of mens rea was developed when judges began to realise that an act alone could not in fact create criminal liability, unless accompanied with a defendants guilty state of mind. Actus reus legal definition of actus reus legal dictionary. What is the difference between actus reus and mens rea. An act committed without mens rea cannot properly be called a crime.
These typically are public welfare offenses or crimes that protect public safety and security by regulating. The legal term actus reus, as used in modern times, stems from the 16th century writings of sir edward coke, in which he stated actus non facit reum nisi mens sit rea, which means an act does not make a person guilty unless his mind is also guilty. Strict liability offenses require an actus reus, but do not incorporate a mens rea requirement. Actus reus is the wrongful act committed and mens rea is the state of mind behind such acts. Mens rea, a persons awareness of the fact that his or her conduct is criminal, is the mental element, and actus reus, the act itself, is the physical element. The concept of mens rea developed in england during the latter part of the commonlaw era about the year 1600 when judges began to hold that an act alone could not create criminal. The standard common law test of criminal liability is expressed in the latin phrase actus reus non facit reum nisi mens sit rea, i. The most serious or culpable is purposely, and then knowingly, recklessly, and negligently. Mens rea, or criminal intent, is the essential mental element considered in court proceedings to determine whether criminal guilt is present, while actus reus functions as the essential physical element. As a general rule the act or omission causing death and the relevant mens rea must occur at the same time. Pdf mens rea, or guilty mind, marks a central distinguishing feature of criminal law. The person bringing about the actus reus and mens rea of a crime is usually called. Pdf actus reus of genocide and types of genocidal destruction.
Mens rea is a legal phrase used to describe the mental state a person must be in while committing a crime for it to be intentional. Actus reus and mens rea actus reus and mens rea are two of the five elements of a crime that the prosecution may have to prove to get a conviction in a criminal case. Actus reus is the latin term used to describe a criminal act. Culpability as to illegality of conduct unless otherwise stated, neither knowledge, recklessness, or negligence as to whether conduct constitutes an offense, or as to its existence, meaning, or application of an offense is an element of such offense. Actus non facit reum nisi mens sit rea legal maxim law. The concept of actus reus is the focus of this chapter. Difference between mens rea and actus reus compare the. The law requires that at the moment the guilty act occurs, the person must also have a guilty mind for that act. Mens rea and actus reus are two essentials of any crime and are the principles used in most common law countries. There can be no crime large or small, without an evil mind. Criminal statutes generally require proof of both actus reus and mens rea on the part of a defendant in order to establish criminal liability.
Aug 11, 2016 an introduction to criminal liability starting with actus reus, being the guilty act element of a crime. If a criminal act occurs or if there is an unlawful omission of action, it is also an element of a crime. Use the mens reaactus reus handout either in class or as a prereading assignment to introduce the idea to students. Every crime must be considered in two partsthe physical act of the crime actus reus and the mental intent to do the crime mens rea. Every crime involves a physical act, or actus reus, and a mental act, or mens rea, the nonphysical cause of behavior guilty mind. Mens rea and actus reus are elements required for a crime to exist. Introduction in the last chapter we noted that a criminal act or actus reus is required to exist in unison with a criminal intent or mens rea, and as you soon will see, these two components must com bine to cause a prohibited injury or harm. The role of defences is also considered, as the way that defences are named and grouped can cause confusion and obscure underlying principles. While most crimes may be analysed in terms of actus reusand mens rea, a few crimes exist where these concepts merge.
1599 1417 494 1484 96 1636 395 171 250 270 229 263 937 277 637 178 1262 366 14 786 1252 1616 376 1010 556 1278 1358 724 1447 1171 1333 1054 34 803 399 470 642 1159 645