Actus reus and mens rea are the two main components of a crime according to the law. Actus reus refers to the criminal act, while the mens rea refers to the guilty mind. Their significance in criminal law is such that the two must coincide for the act to be classified as criminal. Without the guilty mind, it is not possible to claim the blameworthiness of the defendant. This paper considers the two components in relation to crime and their necessity in a criminal determination.
The mens rea of the defendant is also the mental state at the time of committing the crime (Rueters, 2013). This test measures the intention of the defendant at the time of committing the crime. Therefore, this standard differentiates the person who was not intentional about committing the crime and the one who was. In this case, therefore, it is necessary that the intention of the defendant be proven beyond reasonable doubt. For example, where negligence was present on the part of the defendant, they automatically become liable for the crime. In strict liability crimes, however, mens rea is not required. These are statutes which provide for punitive action regardless of intentions, such as rape laws.
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Actus reus, on the other hand, is the guilty act. These are the physical elements of the crime required by the statute for criminal action to be taken against the defendant (Cornell Law, 2013). Actus reus can only be founded on willful body movements, but cannot be constituted of reflex actions. Additionally, omissions can satisfy the standard for the guilty act. Therefore, the guilty person must be proven to be the person behind the criminal act beyond reasonable doubt to establish their commission of the act.
In conclusion, proving the guilty mind is more difficult in a criminal trial as opposed to proving the guilty act. So long as the culprit can be found, they can be linked to the crime scene. However, determining the state of mind of the person requires a deeper investigation into the personality and psychology of the person to determine whether they were truly innocent or guilty when committing the crime.
References
Cornell Law. (2013). Actus Reus . Retrieved March 29, 2017, from Cornell University Law School: https://www.law.cornell.edu/wex/actus_reus
Rueters, T. (2013). Mens Rea - A Defendant's Mental State . Retrieved March 29, 2017, from Find Law: http://files.findlaw.com/pdf/criminal/criminal.findlaw.com_criminal-law-basics_mens-rea-a-defendant-s-mental-state.pdf
