Mens Rea, also termed mental element, criminal intent, is a Latin term that means, “guilty mind.” Mens rea is the state of mind that the defendant had when committing the crime, which must be proved by the prosecution towards securing a conviction for the defendant. Mens rea is the criminal intent or recklessness. Mens rea is the second of two essential elements of all crimes at common law, the other being the actus reus.
Actus reus, also termed overt act, deed of crime, is a Latin term that means, “guilty act.” Actus reus is the forbidden act/crime/wrongful deed that would constitute the physical elements of a crime and that is usually coupled with mens rea towards establishing criminal liability. For example, in theft, the actus reus for theft is the obtainment of or unlawful control over property without the property owner's consent. Back.
Actus reus, also termed overt act, deed of crime, is a Latin term that means, “guilty act.” Actus reus is the forbidden act/crime/wrongful deed that would constitute the physical elements of a crime and that is usually coupled with mens rea towards establishing criminal liability. For example, in theft, the actus reus for theft is the obtainment of or unlawful control over property without the property owner's consent. Back.
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