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Key elements of criminal law
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Actus Reus
Introduction
The Criminal Law of England and Wales "means the portion of the law of England and Wales, which deals with the components and consequences of criminal acts. The English criminal law is in large part not regulated by law, but in the tradition of common law judge-made law. The offense consists in the English law of Actus Reus and mens rea together.
Actus Reus is the Latin term meaning the act of guilt (the outer or objective of a criminal offense). This is an essential element in the determination of a crime. Thus, when no reasonable doubt exists as a result of the demonstration of proof, the act of guilt, shown together with the intention of the individual to commit a crime (mens rea), creates criminal liability of the accused in criminal jurisdictions that follow the system of common law (Canada, Australia, New Zealand, USA, UK, Ireland).
Discussion and Analysis
Actus Reus literally means conduct of a person. The phrase is used to refer to the element of an offense that involves prohibited conduct. The Actus Reus is one of two elements that make up criminal offenses. The second element is called mens rea or mental state. No crime may legally exist without an Actus Reus, while some regulatory crimes, called strict liability offenses, may exist without a mens rea. Examples of the Actus Reus element of a capital offense would be causing death, causing death while committing another crime, causing the death of a police officer, and causing death by using a bomb. In each of the examples, the mental state of the defendant is not relevant to Actus Reus. The mental state is relevant for the second element, i.e., the mens rea.
General Perception
The Actus Reus requirement is met if a defendant purpose...
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The term ‘Actus Reus’ is Latin, and translates to ‘the guilty act’ , it refers to the thing that the offender did that wa...
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The “mens rea” of first degree murder is that the person, with time and intent, planned out or premeditated the murder. The “actus reas” of first degree murder is the actual act of committing the murder after planning it (Lippman, 2006).
Maguire, M., Morgan, R., and Reiner, R. (2012) The Oxford Handbook of Criminology. 5th ed. United Kingdom: Oxford University Press.
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To be criminally liable of any crime in the UK, a jury has to prove beyond reasonable doubt, that the defendant committed the Actus Reus and the Mens Rea. The Actus Reus is the physical element of the crime; it is Latin for ‘guilty act’. The defendant’s act must be voluntary, for criminal liability to be proven. The Mens Rea is Latin for guilty mind; it is the most difficult to prove of the two. To be pronounced guilty of a crime, the Mens Rea requires that the defendant planned, his or her actions before enacting them. There are two types of Mens Rea; direct intention and oblique intention. Direct intention ‘corresponds with everyday definition of intention, and applies where the accused actually wants the result that occurs, and sets out to achieve it’ (Elliot & Quinn, 2010: 59). Oblique intention is when the ‘accused did not desire a particular result but in acting he or she did realise that it might occur’ (Elliot & Quinn, 2010: 60). I will illustrate, by using relevant case law, the difference between direct intention and oblique intention.
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Morgan, R., Maguire, M. And Reiner, R. (2012). The Oxford Handbook of Criminology. 5th ed. Oxford: Oxford University Press.
A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability from a criminal offence. Insanity, automatism and diminished responsibility are examples of said defences. They each share characteristics but can be distinguished in their scope and application.
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law