3 The first element is Actus Reus physical action that a person must take in

3 the first element is actus reus physical action

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3. The first element is Actus Reus, "physical action that a person must take in order to be responsible for a criminal offense." (Garland 62) What this means is If a person shot someone in the arm they caused social harm. The second element is mens rea, this is the guilty mind knowing they had intent or liability of doing the crime. You must have a specific intent to kill Mr. Johnson down the street for example, the person always has a motive. The unity is if a person goes to like I said to Mr. Johnson sees him outside and shoots him 3 times for evicting him out of the property; this shows the physical and the guilty state of mind with motive. Causation is a “defendant must be held criminally responsible for causing the death of someone else and the victim must be alive at the time of the defendant's actions.” (Garland 217) Resulting in social harm is violence or even theft. 4. Motive is emotion that prompts a person to act. When law enforcement go and try to solve a murder case they always want to know why that person wanted to go kill that person. An example of motive would be a person catching their lover in bed with someone else and he gets his machete and chops his head off; the motive here would be jealousy. It’s important to know the motive because it shows proof of criminal liability
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and it explains why a suspect might have acted in a particular way. Another reason why intent is important is because it is not a part of mens rea. 5. Specific intent is the intention to commit an act for the purpose of doing some additional or future act, to achieve some further consequence, or with the awareness of a statutory attendant circumstance. A very good example of this would be a person planning to do a school shooting, they plan for months and buy the guns and ammo. This person knows that they will kill a bunch of people without them knowing. General intent is the actus reus of the crime without any any type of element of specific intent. An example of this would be a battery, two people fighting outside a bar and both do not have the intention to kill each other but to just rough each other up. What this also means is the person did
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  • Spring '20
  • criminal law, Garland

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