Being cognizant of criminal intention as it concerns a crime would closely be compared to the description of mens rea. Mens rea is significant as far as the analysis of a crime committed is concerned as it determines the mental process of thinking about getting involved in a crime before the actual actions are undertaken. Actus Rea is the action itself of doing the crime. Actus Rea is described in the text as the prohibited act or omission (Gardner & Anderson, 2012). For instance, I had a cousin who was accused of assault and battery and was reprimanded for that criminal activity. Mens Rea was critical in making my cousin to get to where this person was with the intent of a confrontation. Actus Rea could be her practical engagements of the literal confrontation in relation to the person. Indeed, it would just be better if the prosecution would employ the advantage of the aspects of mens rea and actus rea. The role of the prosecutor is to demonstrate that the elements involved could violate the law.
It is commonly recognized that jurisdiction, the official power to make legal decisions and judgments, is critically significant to the adversarial legal system. Personal jurisdiction over the cause of action is the constitutional obligation, whereby the court withholds its power so that the court executes judgment over the defendant (Gardner & Anderson, 2012). It is essential to have a personal jurisdiction over the cause of action because subject-matter jurisdiction is a validation that the court can exercise authority to hear the particular type of claim that is forwarded to them. Whereas the parties may abandon personal jurisdiction and comply with the power of the court, the parties cannot do that when it comes to subject-matter jurisdiction. In fact, the court could terminates such a case sua sponte – or, by itself – for being deficient of subject-matter jurisdiction.
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Reference
Gardner, T., & Anderson, T. (2012). Criminal law (11th Ed.). Belmont, CA: Thomson Wadsworth / Cengage.
