Actus Rea Elements

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What are the three elements of criminal liability? Well, they are actus reus, mens rea and lastly concurrence. Actus reus is latin for "the evil act", mens rea means "guilty mind," and concurrence is the requirement that both of these, actus rea and mens rea happen at the same time. These three elements are the building blocks when investigating and prosecuting a crime and those accused of committing that crime. The evil act or actus rea, is priority. Without the act itself, there is no crime and therefore no one to stand accused of the crime. An idea thought or notion without action is not a crime; there must be an accompanied action. In order to prove guilt, you must be able to prove action and that action must be voluntary and without …show more content…

Simply put, they occurred together. Two types of concurrence are temporal and motivational. Temporal concurrence happens when the mens rea accompanies the actus reas in time. A person wants to rob a store, they go into the store with a handgun and take money from the clerk. They intended to rob the store and the outcome is what they wanted it to be. Motivational concurrence stipulates that the mens rea be linked or associated to the actus rea it is intended to accompany. If someone intends to rob the store but then ends up committing a different act, motivational concurrence is not …show more content…

When the definition of a crime consists of only the description of a particular act, without reference to the intent to do a further act or achieve a future consequence, we ask whether the defendant intended to do the proscribed act. This intent is deemed to be a general criminal intent. When the definition refers to defendant's intent to do some further act or achieve some additional consequence, the crime is deemed to be one of specific intent. The essential distinction is thus between the intent to commit an act (general intent) and the intent to produce a consequence or specific intent. ( Keiter, Mitchell, 1997). These terms describe the marriage between an offense's mental status and its physical actions. Physical actions, often in terms of conduct and circumstances and the ensuing results are the building blocks of the criminal statutes. Vehicular homicide where alcohol is a factor is a prime example. First, driving the car is the action or conduct. Being under the influence of alcohol or other intoxicate is the attended circumstance and lastly causing the death of another person is the result of the conduct. The offender's mental status is often used in defining elements of the offense. These could include purposely, recklessly or knowingly engaging in behavior that could include criminal negligence. Mental states do not exist in

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