The Elements of a Crime Introduction to Criminal Law – chapter 6.

The Elements of a CrimeIntroduction to Criminal Law – chapter 6

Actus Reus

• “The Guilty Act”• Voluntary action, omission or state of being• Voluntary Action• I did something (e.g.. I punched a man in the

face)• Omission• I should have done something (I didn’t feed my

child, which is child abuse)• State of being• Being in the act of something illegal (I am

holding illegal narcotics)

Mens Rea

• “The guilty mind”• A deliberate intention to commit a wrongful act, with

reckless disregard for the consequences• Different types• Intent• Knowledge• Criminal negligence• recklessness• Willful blindness

A Criminal Act

Actus Reus + Mens Rea = Criminal Act

Types of Mens Rea

• In order to prove mens rea in court, the prosecution (crown) must demonstrate one of the following

Types of Mens Rea

• Intent• A state of mind in which someone desires to carry out

a wrongful action, knowing what the result will be and is reckless regarding the consequences

• General Intent: the desire to commit a wrongful act, with no ulterior motive or purpose

• Specific intent: the desire to commit one wrongful act for the sake of accomplishing another

Example

• Norman robs a man on the street. During his flee from the location of the robbery, he pushes someone on to the road who is then struck by a van

• What is the general intent?• What is the specific intent?

Types of Mens Rea

• Motive• The reason someone committed a crime

• NOT the same as intent

• You can have MOTIVE without committing a crime

• Motive is useful, but CAN NOT prove mens rea on it’s own

Example

• Sonya killed her grandmother to get an inheritance

•What is the motive?

•What is the intent?

Types of Mens Rea

• Knowledge• An awareness of certain facts that can be

used to establish mens rea

• Example: knowingly using a fake passport as identification

Types of Mens Rea

•Criminal Negligence•Wanton of reckless disregard for

the lives and safety of others, sometimes causing serious injury or death

Example

• Carla leaves a loaded gun on her bed stand. Her seven year old daughter finds the gun and shoots a neighbor with it

• Is Carla criminally negligent in this case?

Types of Mens Rea

• Recklessness• Consciously taking an unjustifiable risk that reasonable person

would not take

• Which of these are examples of the mens rea of recklessness?• Driving a car on a sidewalk• Driving drunk• Driving while texting• Driving while eating• Driving while tired

Types of Mens Rea

• Willful Blindness• Deliberate closing of one’s mind to the possible

consequences of one’s actions

• Which of these show willful blindness?• Ignoring a fight at school• Buying a t.v. from someone without asking where it came

from• Seeing people passing a white powder in a baggie in a club

Strict vs. Absolute Liability

• If an offense doesn’t require mens rea• Such as regulations

• Can be groups under liability• Liability means legal responsibility for an action• Strict liability• No mens rea required, but defense can be due diligence• Due diligence: took every reasonable measure to avoid the act

• Absolute liability• No mens rea required, no defense available, no jail

Is this strict or absolute liability?

• A company dumps chemicals into a river which increase cancer risk. They have followed environmental regulations in doing this.

• Speeding• Someone drowns in your pool• Keeping a tiger as a pet without a permit• Selling defective toys

To Do:

• Read all cases from 144-151 and for each• Explain whether there is the mens rea

and actus reus for a criminal intent• Name each