Legal maxims Criminal Law – Actus Reus & Mens Rea

Legal maxims Criminal Law – Actus Reus & Mens Rea

Actus reus

Actus reus is the Latin term used to describe a criminal act sometimes called the external element or the objective element of a crime. The terms actus reus means "an act does not make a person guilty unless mind is also guilty". Every crime must be considered in two parts. The physical act of the crime (actus reus) and the mental intent to do the crime (mens rea). To establish actus reus, a lawyer must prove that the accused party was responsible for a deed prohibited by criminal law.

This describes a physical activity.This harms another person or damages property. Anything from a physical assault or murder to the destruction of public property would qualify as an actus reus. Actus reus is commonly defined as a criminal act, the result of voluntary bodily movement.

A crime is a moral wrong, committed against the society as a whole. It disturbs the peace, and some crimes may cause widespread panic and disruption of normal activities in a community. This includes acts that occur as a result of a spasm or convulsion, any movement made while a person is unconscious or asleep, activities participated in while an individual is in a hypnotic trance. In these scenarios, a criminal deed may be done, but it is not intentional and the responsible person will not even know about it until after the fact.

Mens Rea

Mens rea is the ‘guilty mind’ or guilty intention to commit a crime, with the intention of causing hurt to another person, animal, or with the express intention of disturbing the peace. Actus reus and mens rea are the foundations for criminal law, mens rea is an essential part of deciding whether an act is culpable or not. This displays specific intent by the accused for the commission of the crime for which he is charged.  Mens rea is also used in some civil suits but usually, the Actus Reus takes precedence in cases of civil liability.