Explain How Proving Actus Reus and Mens Rea Is Required

Question

Examlex · Accepted Answer

The Answer is For the state to prove a crime occurred, and that the defendant committed it, the prosecutor must show that the accused engaged in the guilty act ( actus reus ) and had the intent to commit the act ( mens rea ). Actus reus is a voluntary and deliberate illegal act. Mens rea , otherwise known as criminal intent, is implied if the results of an action, though originally unintended, are certain to occur. The law requires that a connection be made between the mens rea and the actus reus , showing the offender's conduct was the proximate cause of the criminal act. There are some circumstances where actus reus applies even if an action isn't taken. In these cases, the failure to act can be considered a crime. This includes a failure to perform a legally required duty based on relationship or status, imposition by statute-requiring someone to stop if they witness a car accident-and a failure of a contractual relationship-a lifeguard not helping someone in danger and that person later drowns. In the case of mens rea , criminal intent is implied if the results of someone's actions, though not originally intended, are certain to occur. This could include burning a building down to destroy the property but being guilty for the death of people who couldn't get out in time, even if killing people wasn't the original intent.

Explain How Proving Actus Reus and Mens Rea Is Required

Definitions: