Simone Lawson
In the area of criminal law, crimes can be broken down into elements that must be proven beyond a reasonable doubt. Most crimes require three essential elements to be present: a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements. Concurrence refers to the coexistence of criminal intent and a criminal act, meaning that they must occur simultaneously for a crime to be constituted.
| Characteristics | Values |
|---|---|
| Number of Elements | 3 or 4 |
| Elements | Criminal Act, Criminal Intent, Concurrence, Causation, Harm, Attendant Circumstances |
| Criminal Act | Unlawful bodily movement or omission of an act |
| Criminal Intent | Mental intent behind the act or omission |
| Concurrence | Coexistence of criminal intent and criminal act |
| Causation | Relationship between the defendant's conduct and the end result |
| Harm | Present only in crimes that specify a bad result |
| Attendant Circumstances | Required for some crimes, including methodology, location, victim characteristics |
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What You'll Learn
Actus Reus and Mens Rea must occur simultaneously
The concept of concurrence in criminal law refers to the coexistence of criminal intent (mens rea) and a criminal act (actus reus). In most criminal cases, concurrence is a necessary element, and the burden of proof falls short without evidence that the mens rea preceded or occurred simultaneously with the actus reus.
Mens rea, or the "guilty mind," refers to the mental intent or state of mind of the defendant at the time of the crime. It can include intentionality, recklessness, or negligence. The level of intent required varies depending on the type of offense. For example, general intent crimes necessitate proof that the accused intended to perform the act, while specific intent crimes require knowledge of facts that render the conduct criminal.
Actus reus, or the "guilty act," refers to the physical activity or behaviour that breaks the law. It must be voluntary, intentional, and unlawful. An act must be under the defendant's control for it to be deemed a criminal act. Additionally, words can constitute a criminal act, such as perjury, verbal threats, conspiracy, or solicitation.
For a crime to occur, there must be a concurrence between the actus reus and mens rea. If an individual plans to steal something (mens rea) but does not act on it (actus reus), there is no concurrence, and no crime has been committed. Therefore, for a defendant to be held accountable, both the actus reus and mens rea must occur simultaneously.
While concurrence is a fundamental aspect of criminal liability, it is not always necessary for a conviction. Exceptions exist, such as statutory rape, where mens rea may or may not be present. In such cases, even if the defendant was unaware that the victim was underage, they might still be found guilty, making statutory rape a strict liability crime.
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Mens Rea must precede or coincide with Actus Reus
Mens Rea and Actus Reus are two key concepts in criminal law. Mens Rea refers to the mental state of the defendant at the time of the crime, while Actus Reus refers to the physical act of committing the crime. Mens Rea is often translated as "guilty mind", while Actus Reus is translated as "guilty act".
Mens Rea and Actus Reus are both essential for proving criminal responsibility. The prosecution must prove that the accused committed the Actus Reus, or the physical act, and had the required Mens Rea, or mental state, at the time of the offence. The Mens Rea must precede or coincide with the Actus Reus for the defendant to be found guilty. This is known as concurrence.
In some cases, Actus Reus may involve a failure to act, such as failing to provide care to a dependent or report a crime. In these cases, the accused may still be held liable for their inaction, as it is considered a form of Actus Reus.
The specific Actus Reus required to establish criminal liability varies depending on the offence. For example, in a theft case, the Actus Reus would be the physical act of taking someone else's property without permission. Meanwhile, the Mens Rea would be the intention or knowledge of committing the theft.
The types of mental states or Mens Rea that apply to crimes can vary depending on the jurisdiction and the type of crime. For example, murder may require "malice", while fraud may require "fraudulence".
In summary, for a criminal act to qualify as a crime, both the physical act (Actus Reus) and the mental state (Mens Rea) must be present. The Mens Rea must precede or coincide with the Actus Reus for the defendant to be convicted of a crime.
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Mens Rea: intention, recklessness, negligence
Mens rea, or "guilty mind", is a necessary element of a crime, alongside actus reus, or "guilty act". Mens rea refers to the criminal intent of the perpetrator, which must be proven beyond a reasonable doubt in a court of law for a defendant to be convicted.
Intention is one aspect of mens rea. Offences of specific intent are those where intention is necessary to satisfy mens rea. For example, if a person targets and assaults someone with the goal of inflicting harm on the victim, they are displaying criminal intent.
Recklessness is another aspect of mens rea. Recklessness satisfies the mens rea element in offences of basic intent. A person acts recklessly if they are aware of a substantial risk that a certain result will occur as a result of their actions. For example, if a person causes injury while driving drunk, they can be found guilty of recklessly causing harm. They did not intend to hurt anyone, but they were aware of the risk of hurting someone by driving while inebriated.
Negligence is the final aspect of mens rea. This is the mildest form of criminal culpability. A person commits negligence when they fail to meet a reasonable standard of conduct. A person acts negligently if they should have been aware of a substantial and unjustifiable risk that a certain consequence would result from their actions. For example, if Wilma sets a bomb off, knowing there is a risk that someone might get killed, she has acted recklessly. However, if she doesn't recognise that someone might get killed, she has acted negligently because a reasonable person would be aware that someone could get killed if they put a bomb on an airplane.
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Actus Reus: voluntary, intentional, unlawful
Actus reus is a foundational concept in criminal law, referring to the physical component of a crime. It is derived from the Latin phrase "guilty act" and is a critical element in establishing criminal liability. Actus reus must be voluntary, intentional, and unlawful to establish criminal liability.
Voluntary actions and failures to act (when a legal duty exists) can satisfy the actus reus requirement, but involuntary acts (such as reflexes, movements made while unconscious, or actions performed under duress) do not. The rationale is that the law does not punish individuals for acts over which they had no control. For example, if someone has a seizure while driving and causes an accident, their lack of control over their body means they have not committed actus reus.
Not every voluntary act is criminal. The act must also be unlawful, meaning prohibited by statute or common law. For example, picking up a wallet is not a crime unless it is done with the intent to permanently deprive the owner (theft) and the wallet does not belong to the person picking it up.
Actus reus must be paired with mens rea (the guilty mind) to establish a complete crime and determine the severity of the offense. Mens rea refers to the mental state or intent behind the act, and it varies widely. The US Supreme Court has backed the American Law Institute's definition, which states that an individual may be considered guilty if they have acted purposely, knowingly, recklessly, or negligently.
Together, actus reus and mens rea must concur, or coexist, for a crime to be committed. Without evidence that the mens rea preceded or occurred simultaneously with the actus reus, the burden of proof falls short, and the defendant cannot be convicted.
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Causation: linking action to outcome
Causation is the fourth element of a crime, present in most but not all criminal cases. It refers to the relationship between the defendant's conduct and the final outcome or result. Causation links the defendant's actions directly to the harm or illegal result. In other words, the defendant's actions must have directly caused the harm or illegal result. Causation is often but not always required.
Causation is about linking the defendant's action directly to the outcome. For instance, if a trap is set that hurts someone hours later, the causation links the defendant's action to the injury. Causation is the chain of events in which harm was done due to the defendant's actions.
The 'but-for' test is used to determine whether an act directly caused harm. The prosecution must prove beyond a reasonable doubt that the defendant's actions led to the alleged harm or injury. The prosecution must also prove that the defendant's actions initiated the chain of events that led to the harm. For example, if a defendant starts a fire, and the fire department is unable to put it out, the defendant can still be held responsible for any damage caused by the fire.
Causation is a critical element of criminal liability. Without it being present, an act or omission cannot be deemed a crime.
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Frequently asked questions
Concurrence is the coexistence of a criminal act and criminal intent. For a crime to occur, there must be a concurrence between the action and intention.
A criminal act, or actus reus, is an unlawful bodily movement or omission of an act that is defined in a statute. The act must be voluntary and intentional.
Criminal intent, or mens rea, is the mental state of the perpetrator at the time of the crime. Mens rea refers to the mental intent behind an act or omission.
Concurrence is not always necessary for conviction. For example, if someone robs a bank but it cannot be proven that they intended to do so, they may still be convicted for robbery.
