Elements of a crime Mens Rea Mens Rea

Elements of a crime

Mens Rea Mens Rea- the crimes mental elements of the defendants intent (Mental Fault) The criminal act must be voluntary or purposeful (Mental Fault)/the defendants state of mind at the time of the offense. Comes from the ancient saying of “ the act is not guilty unless the mind is guilty

Mens Rea cont. Mens Rea varies depending on offense For murder, the mental element requires the defendant acted with “malice aforethought” (premeditation)

Actus Reus Actus Reus- a criminal act or an unlawful omission of an act must have occurred Though you cannot be punished for thinking criminal thoughts, can you be punished for acting on those thoughts. Words can be considered acts in criminal law Examples of this are: Threats, perjury, conspiracy, and solicitation

Concurance- Mens Rea and Actus Reus must occur at the same time Criminal intent must precede or coexist with the criminal act/ activate the act. Mens Rea may not be present until the crime is committed. There must be voluntary action or a failure to act when physical able

Causation Causation- an element that actual harm must occur Example- Homicide requires the act of killing, aggravated battery requires serious bodily injury. Causation is very complex to prove

Principal Principal- Any actor who is primarily responsible for a criminal offense

Accomplice/ Accessory Accomplice- a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offence Examples- lookout/getaway driver Accessory- a person who assists in the commission of a crime, but who does not actually participate in the commission of the crimes. Accessory after the fact- persons who provide criminals with certain aid in order to hinder a criminal's apprehension or prosecution

Legal Ramifications for accomplices and accessories (a) Whoever aids, abets, counsels, commands, induces or procures the commission of an offense, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense, is punishable as a principal.

Accessories after the fact Federal law treats accessories after the fact differently from principals. Accessories after the fact face a maximum of only half the fine and half the prison time that principals face. (If the principal faces the death penalty or life imprisonment, accessories after the fact face up to 15 years' imprisonment. )

Accessories before the fact Accessory before the fact-A person who aids, abets, or encourages another to commit a crime but who is not present at the scene. Many jurisdictions refer to an accessory before the fact as an accomplice

Proving guilt You need the following: Proof beyond reasonable doubt Credible evidence to support defenses Defendants affirmative defenses; prove by preponderance of evidence

Intent- Purpose or intention Concurrence- the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime Causation-The act of causing or producing something