What Is Actus Reus and Mens Rea?
In order for an action to be considered criminal, it must include the following two elements: the actus reus and mens rea. The actus reus, a Latin term that means “guilty act,” refers to the physical act itself that is in violation of a criminal statue, such as the physical act of breaking and entering into someone’s house that constitutes burglary, or the physical act of killing a human being that constitutes murder. The actus reus can also refer to the omission of action, such as when a parent neglects to provide medical care to their sick child resulting in the death of the child.
But without mens rea, a Latin term that means “guilty mind,” the act usually cannot be considered criminal. Mens rea refers to the intent to commit the crime. There are four levels of intent:
- Intentional— the person acts with a clear purpose to commit a crime.
- Knowing—the person knows that his action will result in a crime, but he does not act with the purpose of committing that crime.
- Reckless— the person knows that his behavior is risky and can result in a crime, but he does not intend to commit the crime. An example of this may be a speeding driver whose risky behavior unintentionally causes a car accident.
- Negligent— the person behaves in a risky way, but he doesn’t know that his actions are creating a risk. A person demonstrating negligent intent should have been aware that his action are creating a risk and might lead to harm.
In your own words, explain actus reus and mens rea.
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Instructions:
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