Law 2101 Study Guide - Quiz Guide: Actus Reus, Mens Rea
Document Summary
Used to refer the subjective element required by the offence in question. The framework of criminal liability: bipartite and tripartite system. Constitutes an analytical tool in which criminal liability is assessed. English courts have traditionally followed a bipartite system, simply distinguishing between objective (external) and subjective (internal) aspects of crime. The framework for assessing liability in this case simply requires that the two basic elements of a criminal offence, actus reus and mens rea, are fulfilled and coincide. The assessment of criminal liability takes place in three stages, In stage one, it needs to be assessed whether or not the legal element of the statutory offence definition (actus reus + mens rea) have been fulfilled. In the second stage, the wrongfulness of the conduct in question is assessed. In the third stage, devotion towards assessing the blameworthiness of the defendant. Thus: fulfillment of offence definition (actus reus + mens rea, wrongdoing, blameworthiness.
