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Actus Reus
• “The Guilty Act”• Voluntary action, omission or state of being• Voluntary Action• I did something (e.g.. I punched a man in the
face)• Omission• I should have done something (I didn’t feed my
child, which is child abuse)• State of being• Being in the act of something illegal (I am
holding illegal narcotics)
Mens Rea
• “The guilty mind”• A deliberate intention to commit a wrongful act, with
reckless disregard for the consequences• Different types• Intent• Knowledge• Criminal negligence• recklessness• Willful blindness
Types of Mens Rea
• In order to prove mens rea in court, the prosecution (crown) must demonstrate one of the following
Types of Mens Rea
• Intent• A state of mind in which someone desires to carry out
a wrongful action, knowing what the result will be and is reckless regarding the consequences
• General Intent: the desire to commit a wrongful act, with no ulterior motive or purpose
• Specific intent: the desire to commit one wrongful act for the sake of accomplishing another
Example
• Norman robs a man on the street. During his flee from the location of the robbery, he pushes someone on to the road who is then struck by a van
• What is the general intent?• What is the specific intent?
Types of Mens Rea
• Motive• The reason someone committed a crime
• NOT the same as intent
• You can have MOTIVE without committing a crime
• Motive is useful, but CAN NOT prove mens rea on it’s own
Example
• Sonya killed her grandmother to get an inheritance
•What is the motive?
•What is the intent?
Types of Mens Rea
• Knowledge• An awareness of certain facts that can be
used to establish mens rea
• Example: knowingly using a fake passport as identification
Types of Mens Rea
•Criminal Negligence•Wanton of reckless disregard for
the lives and safety of others, sometimes causing serious injury or death
Example
• Carla leaves a loaded gun on her bed stand. Her seven year old daughter finds the gun and shoots a neighbor with it
• Is Carla criminally negligent in this case?
Types of Mens Rea
• Recklessness• Consciously taking an unjustifiable risk that reasonable person
would not take
• Which of these are examples of the mens rea of recklessness?• Driving a car on a sidewalk• Driving drunk• Driving while texting• Driving while eating• Driving while tired
Types of Mens Rea
• Willful Blindness• Deliberate closing of one’s mind to the possible
consequences of one’s actions
• Which of these show willful blindness?• Ignoring a fight at school• Buying a t.v. from someone without asking where it came
from• Seeing people passing a white powder in a baggie in a club
Strict vs. Absolute Liability
• If an offense doesn’t require mens rea• Such as regulations
• Can be groups under liability• Liability means legal responsibility for an action• Strict liability• No mens rea required, but defense can be due diligence• Due diligence: took every reasonable measure to avoid the act
• Absolute liability• No mens rea required, no defense available, no jail
Is this strict or absolute liability?
• A company dumps chemicals into a river which increase cancer risk. They have followed environmental regulations in doing this.
• Speeding• Someone drowns in your pool• Keeping a tiger as a pet without a permit• Selling defective toys