CJ 2501 Lecture Notes - Lecture 7: Actus Reus, Russian Roulette, Mens Rea
20 Feb 2016
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Elements of criminal liability: actus reus, mens rea, concurrence, causation, harm theft ) murder ) some crimes, called strict liability crimes - require only a criminal act. Serious crimes, e. g. murder, require both a criminal act, intent, concurrence, causation and a harmful result. Crimes that must include intent are called conduct crimes (burglary, Crimes that require causation and harm are result crimes (homicide, 1st principle of liability - criminal liability requires action; thoughts alone are free. Impossible to prove a thought, doesn"t hurt anyone. And it is hard to separate daydreams from intent until some steps are taken towards it. So to punish thoughts would be impractical, inequitable and unjust. Actus reus serves several purposes: helps prove intent, more harsh criminal sanction for actual danger, protects privacy (don"t have to pry into one"s thoughts) Actus reus must be voluntary, can be omission with legal duty, or possession, but not status or mere presence.
