Submitted by sweetpea on 05/06/2010 05:32 PM Flag This Paper
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There are two components of a crime, which are actus reus and mens rea. The physical part of a crime is actus reus, which is the act of committing the crime. An example of this is taking a computer from someone’s house. The other component of a crime is mens rea. Mens rea is a Latin translation that means guilty mind. Mens rea is the mental part of the crime, which an offender has committed a criminal intent and has intended to carry out the physical act. Mens rea and actus reus is required to get a conviction under criminal law. There are some other laws which are called absolute liability only requires the physical part, which is actus reus.
There are two things that the phrase “killing another human being†tells us. First, to be guilty of murder must be done by the way of action. Second, to be guilty of murder is by what objected the accused intentions or beliefs to commit the crime. The first one is the requirement of actus reus. The second one is part of the mens rea requirement. The accused must have killed someone and intended or believed that he is killing someone to be found guilty of this kind of murder.
Actus reus and mens rea are not always close in all offenses. The specific intent offenses prohibited the object of mens rea to be in agreement with the act prohibited by law. So actus reus of common law burglary is breaking and entering of a house of another at night. Mens rea includes the requirement that the accused intended to commit a felony while breaking and entering once inside the house. So the felony is no part of the actus reus of burglary, but the intent to commit further felony is part of the mens rea of burglary.