CJS 211 Lecture Notes - Lecture 19: Actus Reus, Mens Rea

• School: Tunxis Community College
• Department: Criminal Justice
• Course: CJS 211
• Professor: Roark

Document Summary

Subjective mens rea: requires that the crown prove that the accused had a specific mental state at the time of the actus reus. Objective mens rea: what a reasonable person in the place of the accused would have done or would have thought. What is the mens rea: the accused does anything that he knows or ought to know . Ought to know" was later held to be unconstitutional because the sentence to murder is life sentence and therefore too strict of a punishment. Second-degree murder: that the accused caused the victim"s death, that the accused caused the death unlawfully, that the accused had the state of mind required for murder. Cases where no plan and deliberation still leads to first-degree murder. (c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm); (e) section 279 (kidnapping and forcible confinement); or. That the accused caused the victim"s death;