SPEA-J - Public And Environmental Affairs SPEA-J 301 Chapter Notes - Chapter 3: Actus Reus, Scienter, Usg Corporation
28 Aug 2016
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All crimes had 2 elements: the physical act or omission, & a mental requirement (criminal intent or purpose) These crimes are referred to as true crimes, which make up a large # of crimes. Some crimes don"t require a mental element strict liability crimes. These are crimes such as traffic violations, hunting, narcotics, sanitation, liquor crimes, etc. Actus reus is used by courts to describe the essential physical act & Mens rea is used to describe the mental requirement. Culpability: a person is not guilty of an offense unless they acted purposefully, knowingly, recklessly, Or negligently w/ respect to each material element of the offense. There are some instances where and act w/o the required mental state is not a crime. Accidently taking someone"s backpack b/c you thought it was yours is not theft as long as it was an honest mistake. The ussc has never created or announced a doctrine requiring proof of mens reain all crimes.
