Law 5110 Study Guide - Quiz Guide: Actus Reus, John Stuart Mill, Mens Rea
Document Summary
J. keiler - actus reus and mens rea: introduction. Most penal systems use main elements harm and fault for criminal offense. Actus reus - the external element of a crime, a "bad act", the objective thing that needs to materialize before criminal law can be invoked. Mens rea - the subjective element, the "guilty element". Both need to occur to be criminally liable. Not intended or merely contemplated about is ok. Both actusreus and mens rea are heterogeneous - both are referred to as the principles and doctrines concerned with criminal liability. How high the burden is to get to actusreus or mens rea depends on both elements. If the requirement for actusreus is high, the requirement for mens rea might be lower: actus reus and mens rea. Descriptive: conduct made criminal by statutory offense or other valid criminal law source. Normative: to establish link between the person and the occurred harm.
