Latisha McKellarAC1608408J02.V.4.1: Criminal LawAssignment 4: The Elements of Criminal LiabilityJune 9, 2017
Actus Reus, Mens Rea and ConcurrenceThere are three elements of criminal liability: actus reus, mens rea, and concurrence.Actus reus is Latin for “evil act,” mens rea is Latin meaning “guilty mind,” and concurrence isthe requirement that both the actus reus and the mens rea happen together. These elements are theessentials when investigating and prosecuting an individual charged with a crime.As previously stated the actus reus is the evil act, the most essential element, without theaction there is no crime on the part of the accused. An intention to inflict harm is not criminal, itmust be coupled with an action. Someone cannot be guilty of committing a crime unless it is avoluntary action. Once there is an indication that the action was not voluntary the defense has toprove that such actions where as such. A criminal act is physical movement, movement that canbe seen by others. An act is considered voluntary when it is in some way the will of the personcommitting it. It can be voluntary even if it is a habit or is inadvertent (Worrall, 2013 p.94). Ifthere was is an option to do differently, then the person is willfully engaging thus considering itvoluntary. The actus reus requirement is satisfied either way.The Model Penal Code states the conduct of criminal liability “includes a voluntary act orthe omission to perform an act of which one is physically capable.”Meaning that if there is atleast one voluntary act in a chain of actions actus reus is in place. It further defines an act as“bodily movement whether voluntary or involuntary,” this includes reflexes, convulsions,conduct committed during sleep, hypnosis, or while unconscious; and “a bodily movement thatotherwise is not the product of the effort or determination of the person, either conscious orunconscious” (Worrall, 2013 p.103).
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