Chapter 8 Introduction to Paralegal Studies Criminal Law
What is Actus Reus of a crime. What is Men Rea!
The actus rea is the act of a crime. The criminal must think it out. Assault is the basis for the
actus rea. Actus Rea means bodily actions that harm to another. It involves the same type of
Physical actions that relate to the death or injury of another human being. The actus rea
involves voluntary action that are deliberate not accidental. Simple action that involves assault
or some criminal form of a crime dealing intent. This a key element prosecution must prove
when determining the actions of a case.
What is Mens rea?
The Men’s rea which is the second part of a conviction basically deal with the state of mind of
person who commits a crime. The part of the element deals with the mental state of the mind
when the crime was committed. For instance, most court cases involving a criminal who has
some type of mental disability may play a factor in this case. Does not mean that the individual
is innocent but it refers to his mental state at the time of the crime. Is the defendant aware of
having a guilty mindset about the crime he has committed. When the element of a case is
presented to the court Actus rea and Men’s rea have to be together. It doesn’t necessarily mean
that if one is not present it automatically dismisses a case but it would require probably a much
lighter sentence because of the mental element is not present. Each case with the prosecution
has elements that involve the mind and physical aspect of every case.
What is Inchoate.
This is the beginning stage of any crime that is in the process of being committed. It has not
been committed but is in its early stages. I would have to think that this and conspiracy are
much alike. Reasons is that the crime is not complete, Example: Two prisoners in cell are
planning an escape. The crime of escape is yet committed until the inmate actually perform the
task. Inchoate would be planning the escape. For instance, if a guard comes by the cell and
does a room check and notices that the inmate have block a wall with a paper and the guard
removes the paper from the wall and found out that the inmate have been chipping at the wall
planning the escape ,this can be referred to as Inchoate. The crime has not yet been complete
but the officer is now aware of protentional jail break which is a felony.