Preview

CRJ 306 Week 2 DQ 1 Actus Reus and Mens Rea

Satisfactory Essays
Open Document
Open Document
429 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
CRJ 306 Week 2 DQ 1 Actus Reus and Mens Rea
This work of CRJ 306 Week 2 Discussion Question 1 Actus Reus and Mens Rea includes:

Distinguish between the terms actus reus and mens rea; how are they significant in criminal law? Which of the two is more difficult to prove in a trial, beyond a reasonable doubt? Fully explain your answers, with authorities. Substantively respond to at least two of your classmates' postings. Law - General Law

Mens Rea, Actus Reus, and Concurrence. Please answer the following questions below:

Distinguish between the terms actus reus and mens rea. How are they significant in criminal law?

Define how concurrence works with actus reus and mens rea to lead to criminal liability. Why is

concurrence so significant?

Which of the three legal requirements listed above (i.e., actus reus, mens rea, or concurrence) is more

difficult to prove beyond a reasonable doubt in a trial?

Your college might have a course in study skills if you need help. Studying for college is much different than high school, which might impact your grades. Improving your study skills can enable you to succeed in your classes and reach all of your goals.

This work of CRJ 306 Week 2 Discussion Question 1 Actus Reus and Mens Rea includes:

Distinguish between the terms actus reus and mens rea; how are they significant in criminal law? Which of the two is more difficult to prove in a trial, beyond a reasonable doubt? Fully explain your answers, with authorities. Substantively respond to at least two of your classmates' postings. Law - General Law

Mens Rea, Actus Reus, and Concurrence. Please answer the following questions below:

Distinguish between the terms actus reus and mens rea. How are they significant in criminal law?

Define how concurrence works with actus reus and mens rea to lead to c...

To download this material Click this link - https://bitly.com/12CfNuC

Your college might

You May Also Find These Documents Helpful

  • Good Essays

    i. There are conduct crimes – eg Misuse of Drugs Act 1971 – physical act of possession of an illegal drug constitutes Actus Reus.…

    • 991 Words
    • 3 Pages
    Good Essays
  • Better Essays

    A strict liability offence is one where it is not necessary for the prosecution to prove any mens rea. In most cases of strict liability even if one did not have the intent to commit a crime, however reasonable, in relation to a particular element of the actus reus of an offence, they can still be convicted. This can be shown in reference to Prince and Hibbert. Prince (1875) the girl was taken by Prince even though he knew she was in the possession of her father as he believed she was 18. Mens rea was needed for him to be sentenced and this was recognized as he had the necessary intention to remove her. Hibbert (1869) the defendant had sexual intercourse with a 14 year old girl in public. He was not guilty as it could not be proved that he was aware that her father had control over her. In strict liability offence, the age would have been an important factor however mens rea could not be proved causing the defendant to be dismissed.…

    • 1380 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Manslaughter vs Murder

    • 3226 Words
    • 13 Pages

    In order to establish criminal liability, the external elements of that offence must be established. These external elements are known as the actus reus. After this has been proved, the mens rea must be proved in respect of each of those guilty elements. The actus reus and mens rea must occur at the same time, although the interpretation of this can vary with regards to the offence. There are three categories than an offence can fall into when examining the actus reus. The first is that there was a ‘voluntary act’, in which case the accused has voluntarily committed the act. The second possibility is known as ‘the state of affairs’. This simply requires that a state of affairs be present which causes the accused to have committed an offence. Offences arising in this manner are often ones of strict liability. An example of this is found in Lassonneur . Here, the police had brought a woman into the UK against her will, but she was found nonetheless to be an illegal alien. The final basis of liability is liability for failing to act in certain circumstances. There is no general duty to act, however there are a notable amount of specific circumstances where there is such a duty, as developed through the common law.…

    • 3226 Words
    • 13 Pages
    Better Essays
  • Good Essays

    Traditionally within common law, for one to commit a crime and to be convicted as such, it must be apparent beyond all doubt that the elements of Actus Reus and Mens rea are present; this being a physical element, accompanied by a mental element, of which one has a blameworthy or culpable state of mind. British law strictly abides by the notion “Actus non facit reum, nisi mens sit rea”…

    • 1629 Words
    • 7 Pages
    Good Essays
  • Good Essays

    An action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused. There must be an act of either commission or omission by the accused for a crime to occur. Omission defined as the failure to act, and commission being the guilty act. In order to establish criminal liability, there is required proof of both actus reus and mens rea, meaning the defendant must have had the intention or knowledge of the wrongdoing, and acted upon said intention. For example, if one is in possession of an illegal narcotic, one is not acting or failing to act but merely in possession. This is a state of being (Justice Education Society, 2016).…

    • 600 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Elements of Crime

    • 778 Words
    • 4 Pages

    The basic components of a criminal offense are listed below;[2] generally, each element of an offense falls into one or another of these categories. At common law, conduct could not be considered criminal unless a defendant possessed some level of intention — either purpose, knowledge, or recklessness — with regard to both the nature of his alleged conduct and the existence of the factual circumstances under which the law considered that conduct criminal. However, for some legislatively enacted crimes, the most notable example being statutory rape, a defendant need not have had any degree of belief or willful disregard as to the existence of certain factual circumstances (such as the age of the accuser) that rendered his conduct criminal; such crimes are known as strict liability offenses.[3]…

    • 778 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Intention in Criminal Law

    • 375 Words
    • 2 Pages

    The criminal law directs that before an accused can be convicted of a criminal offence the prosecution must prove beyond a reasonable doubt that the actus reus (guilty act) coincided in law time with mens rea (guilty mind).…

    • 375 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    An actus reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for liability for the offence in question - in other words all the elements of an offence other than the mental element.…

    • 264 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    "Actus non facit reum nisi mens sit rea", or "an act does not make a man guilty unless his mind be also guilty (Burgess, 2004, p.8)." In criminal law, for an individual to commit a crime, there must be present two elements. They are:…

    • 2377 Words
    • 10 Pages
    Powerful Essays
  • Powerful Essays

    Actus Reus - Paper

    • 3016 Words
    • 13 Pages

    The term actus reus has been given a much wider meaning by Glanville Williams in his criminal law. He says :…

    • 3016 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    The similarity between actions in rem and actions in personam has been a point of contention following The Indian Grace No.2. In order to assess to what extent the two actions are the same, statute, precedent and legal development regarding these actions shall be discussed.…

    • 2070 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Strict Liability

    • 2098 Words
    • 5 Pages

    The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute, Parliament will usually indicate the kind of mens rea required for the offence by inserting specific mens rea words into the Act e.g. intentionally, wilfully and dishonestly. However, there are a small number of crimes which can be committed without any mens rea. These offences are known as absolute and strict liability crimes. Absolute liability is not where no intention at all is required, nor there a voluntary act. The defendant is guilty because a state of affairs exists. This happened in Winzar v Chief Constable of Kent (1983) when a drunken man was removed from a hospital chair to the street by police where he was then charged.…

    • 2098 Words
    • 5 Pages
    Good Essays
  • Better Essays

    "Res judicata pro veritate accipitur" is the full maxim which has, over the years, shrunk to mere "res judicata". Section 11 contains the rule of conclusiveness of the judgment, which is based partly on the maxim of Roman Jurisprudence "interest reipublicae ut sit finis litium" (it concerns the State that there be an end to law suits) and partly on the maxim "Nemo debet bis vexari pro una at eadem causa" (no man should be vexed twice over for the same cause). The section does not affect the jurisdiction of the court but operates as a bar to the trial of the suit or issue, if the matter in the suit was directly and substantially in issue (and finally decided) in the previous suit between the same parties litigating under the same title in a court, competent to try the subsequent suit in which such issue has been raised. The principle of res judicata is based on the need to give finality and certainty to judicial decisions.…

    • 4619 Words
    • 13 Pages
    Better Essays
  • Satisfactory Essays

    oblicon fill in the blanks

    • 1773 Words
    • 11 Pages

    Art. 1164. The ______ has a ______ to the ______ of the ______ from the ______ the obligation to ______ it ______. However, he shall ______ ______ ______ ______ over it until the same has been ______ to him. (1095)…

    • 1773 Words
    • 11 Pages
    Satisfactory Essays
  • Good Essays

    criminal liability

    • 1162 Words
    • 4 Pages

    The terms ‘Actus reus’ and ‘Mens rea’ are derived from the Latin Maxim; “Actus non facit reum mens sit rea” which mean that there cannot be such a thing as legal guilt where there is no moral guilt.1…

    • 1162 Words
    • 4 Pages
    Good Essays