Table of Contents

Chapter-1. 1

1.1        Introduction. 1

1.2        Objective. 1

1.3        Methodology. 1

1.4        Limitation. 1

Chapter-2. 2

2.1 Analysis. 2

Chapter-3. 3

3.1 conclusion. 3

References. 4

 

 

 

Chapter-1

 

1.1 Introduction

 

What is crime? The word crime is derived from the Latin word ‘Crimen’ which stands for wrong acts. Any act that is prohibited by law and society is known as crime. A crime is an offence that qualities community criticism and punishment, usually by the way of fine or imprisonment. This is different from a civil wrong which is an action against an individual that needs compensation. A crime is a thoughtful act that causes physical or psychological harm, damage to or loss of property, and is in contradiction of the law.

 

In this research the researcher has describe about the difference between two elements of crime, Actus Reus and Mens Rea. This research talks about the two main elements of crime. The researcher firstly describe these two elements of crime then shows the difference.

 

1.2 Objective

·        To find out the difference between two elements of crime Actus Reus and Mens Rea.

 

1.3 Methodology

The data were collected from the internet and the class lectures were also consulted.

 

1.4 Limitation

The research paper is limited with the elements of crime and not much source were consulted. The paper is limited under the secondary source: internet.

 

 

 

Chapter-2

 

2.1 Analysis

There are two contrast with other elements of criminal liability that help to clarify the nature of actus reus. The first is the difference with mens rea. Mens rea literally interpreted from the latin means guilty mind. The technical legal use of the phrase denotes that prerequisite of criminal liability having to do with the state of mind of the accused when he/she committed the actus reus of some offense. The first is the actus reus requirement, whereas the second is part of the mens rea requirement. So the accused must murder someone and intend that he murder someone, in order to be guilty of this kind of murder.

 The relationship between actus reus and mens rea is not always this close in all offence. For example the object of the prohibited mens rea will not coincide with the act prohibited by law. (Sullivan).[1] Thus, the actus reus of common law burglary is the breaking and entering of the dwelling house of another at night, whereas the mens rea includes the requirement that the accused do such breaking and entering with the intent to commit a felony once inside. (rank).[2]

The word Actus connotes a deed, a physical result of human conduct. The word reus means forbidden by law. The word Actus Reus may, therefore, be defined as such act that is prohibited by law.

There are three constituent part, namely

·        Conduct

·        Injury

·        Prohibited by law

Actus reus must be voluntary to became a person liable to crime.

Mens Rea means a mental state in which the person mind violates the law but not performed by the body or physical form. So the act will be the crime if there is presence of the guilty mind. (Jain).[3]

Mens rea also have three part

·        Intention

·        Recklessness

·        Negligence

A person can temporarily be guilty of a criminal attempt by doing an entirely lawful thing in the mistaken belief that he is doing something different, which would indeed have been criminal. The general rule is that to be guilty of a criminal offence requiring mens rea, an accused must possess that means rea when performing the act or omission in question and it must relate to that particular act or omission. (Hogan).[4] If, for example, Mr. A accidentally kills his wife in a car crash on Monday, the fact that he was planning to cut her throat on Tuesday does not make him guilty of her murder, even if he was thinking about the planned murder at the time of the accident, and even if he is subsequently delighted to find that his wife has died.

 

 

 

 

Chapter-3

3.1 conclusion

So as a conclusion the researcher found that the two elements of the crime Actus Reus and Mens Rea are interrelates. Here the actus reus stands for the physical form or act by physical form whereas the mens rea stands for the presence of mind in doing crime. There will be no crime if there is absence of one elements.

 

 

 

 

 

 

 

 

 

References

Hogan, S. &. (n.d.). SECTION A1: ACTUS REUS:THE EXTERNAL ELEMENTS OF AN OFFENCE. 1-19.

Jain, S. H. (n.d.). ACTUS REUS AND MENS REA. Academia, 1-12.

rank, l. j. (n.d.). Actus Reus Versus Justificatory Defenses.

Sullivan, G. (n.d.). Cause and the Contemporaneity of Actus Reus and Mens Rea. . The Cambridge Law Journal, 487-500.

 

 


[1] Sullivan, G. (n.d.). Cause and the Contemporaneity of Actus Reus and Mens Rea. . The Cambridge Law Journal, 487-500.

[2] rank, l. j. (n.d.). Actus Reus Versus Justificatory Defenses.

[3] Jain, S. H. (n.d.). ACTUS REUS AND MENS REA. Academia, 1-12.

[4] Hogan, S. &. (n.d.). SECTION A1: ACTUS REUS:THE EXTERNAL ELEMENTS OF AN OFFENCE. 1-19.