Actus Vs Reus

There is no criminal element of ‘motive' for any given crime. Intent can be reckless disregard of the law potentially violated or a specific mental purpose to have the crime take place.[5]

Mens rea is synonymous with a person's blameworthiness or those conditions that make a person's violation sufficiently blameworthy to merit the condemnation of criminal conviction.

The phrase includes all criminal law doctrines of blameworthiness, mental requirements of an offense, as well as excuse defenses such as insanity, immaturity, and duress, to name a few.

Actus reusThere has to have been an act in order for a crime to be committed. A “bodily movement whether voluntary or involuntary” is an act. In combination with the mens rea, “guilty mind,

These acts must be done voluntarily to be an actus reus. Engaging in a bodily movement resulting in injury is a Commission. Failure to engage in a required bodily movement that results in an injury is an Omission. Possession, a voluntary act, fulfills the requirements to establish actus reus.[6]

Actus Reus Example Group

Personal Crimes

1st Degree Murder ---> to kill, to inflict grievous bodily injury, to act in a manner likely to cause death or serious injury, killing in conjunction with a felony. 2nd Degreee Murder ---> to kill or recklessly cause harm likely to cause death

Property Crimes

Larceny ---> to deprive the person of the property permanently

Burglary ---> to commit a felony in a

That the defendant committed each element of the particular crime charged must be proven beyond a reasonable doubt before a defendant is found guilty. This decision is made after evaluating the prosecution presented evidence and the defense responds.

A crime has a mental intention element called Mens rea. A criminal act must usually have this mental fault to call it a crime.

The American Law Institute's Model Penal Code has reduced the mental states to four. Mens Rea General List The Model Penal Code ( made by the American Law Institute) has four mens rea categories “purposely,” “knowingly,” “recklessly,” or “negligently.”

Mens Rea Sample Group (Mental Element of a Crime)

Personal Crimes

1st Degree Murder ---> deliberate and premeditated intent to kill (“malice aforethought”) )(malice means an intent to inflict grievous bodily injury without legal justification), or an intent to act in a manner likely to cause death or serious injury, or in conjunction with a felony.

2nd Degreee Murder ---> non premeditated but still intent to kill or recklessly cause harm likely to cause death (not heat of passion) (all murder outside 1st degree murder)

Property Crimes

Larceny ---> intent to deprive the person of the property permanently

Burglary --->intent to commit a felony in a