Actus reus – a Latin term, “the guilty act”. Proper identification of the act is often the most difficult. (Wright, R., 2013). A judge or jury has to determine what specific acts were prohibited by the statue and if the defendant engaged in those specified acts.
Mens rea – examines the person’s mental ability, state of mind once a crime has been committed. Once, Mens rea has occurred, the prosecution is liable to prove without admissible evidence that criminal intent was exemplified in order to convict the defendant.
The significance of Actus reus and Mens rea in criminal law is based on the difference of crime and the conviction or being not guilty once proof of either act is attained.
Define how concurrence works with actus reus and mens rea to lead to criminal liability. Why is concurrence so significant? …show more content…
For example, my neighbor was at a local park in 2009 playing basketball, had a few altercations with some neighborhood kids. While at the park playing basketball, the opposing dudes passed twice and the third time they passed, the driver stopped and went on the court and shot him 6 times in the back. He seen my neighbor turn and run away when he heard the first shot not paying attention that the bullet hit him and the shooter ran behind him and continued to shot. In Louisiana shooting someone constantly or being present at the scene and to leave and come back to the location is considered pre-mediation murder,
Mens rea – examines the person’s mental ability, state of mind once a crime has been committed. Once, Mens rea has occurred, the prosecution is liable to prove without admissible evidence that criminal intent was exemplified in order to convict the defendant.
The significance of Actus reus and Mens rea in criminal law is based on the difference of crime and the conviction or being not guilty once proof of either act is attained.
Define how concurrence works with actus reus and mens rea to lead to criminal liability. Why is concurrence so significant? …show more content…
For example, my neighbor was at a local park in 2009 playing basketball, had a few altercations with some neighborhood kids. While at the park playing basketball, the opposing dudes passed twice and the third time they passed, the driver stopped and went on the court and shot him 6 times in the back. He seen my neighbor turn and run away when he heard the first shot not paying attention that the bullet hit him and the shooter ran behind him and continued to shot. In Louisiana shooting someone constantly or being present at the scene and to leave and come back to the location is considered pre-mediation murder,