LAWS 1000 Lecture Notes - Lecture 14: Actus Reus, Junk Science, Mens Rea
Document Summary
Each crime = composed of 2 elements : actus reus and mens rea. State prosecutors need to be able to prove that both of these 2 elements were present to accuse someone of being guilty of a crime. Actus reus = the physical act in question (or an omission) Men rea = the mental state that accompanies the act. *omission = the failure to act in a certain way (duty/obligation) *each crime has a different mens rea associated with it (these are described in the criminal code) State prosecutor = synonymous with the crown . Presumption of innocence: the accused is presumed innocent until proven guilty. Burden of proof: state prosecutors are obligated to prove that the accused is guilty. It"s not the obligation of the accused to prove that he/she is innocent (this = on the state/crown prosecutors) Beyond a reasonable doubt: the (high) standard that a state prosecutor must meet to make out his/her case against the accused.
