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The difference between actus reus and mens rea and what it means to the criminal justice system

actus reus = the fact that a criminal act has been committed
mens rea = the individual accused was, at the time of the crime, in a mental state to understand that what he/she was doing was wrong / unlawful and thus that there was intent present in the commission of the crime.

In order to be prosecuted for a crime, in most Western countries, the prosecution has to prove that both actus reus and mens rea are present.

Even a defendant displaying symptoms of a mental disorder at time of trial will have to prove that the disorder was a) present at the time they committed the crime and b) the crime was a direct result of the mental illness (although the strict McNaughten rules are no longer applied in all states / countries in the US / UK, under current mental health legislation similar laws are in place - even though debate on the exact nature of what they should include is ongoing and different rules are being applied across states / countries).

Even when both have been established, the competence to stand trial might still be at issue, depending on the current mental state of the defendant (i.e. can s/he instruct their lawyer, understand proceedings in court etc), but unless actus reus and mens rea are present, a court case will not go ahead.
exceptions are strict liability cases such as accidentally running over a person, in which case mitigating circumstances with regards to intent / resposibility can be used as a defense.



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Below are the top articles rated and ranked by Helium members on:

The difference between actus reus and mens rea and what it means to the criminal justice system

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    by Sue A. Sponte

    In the United States' criminal justice system, we follow a general rule that people are only punished for past wrongful acts

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  • 2 of 9

    by Vanessa Fagan

    actus reus = the fact that a criminal act has been committed
    mens rea = the individual accused was, at the time of the crime,

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    by Suzanne Levis

    The first year criminal justice student learns that the latin term actus reus means a guilty act. It is up to the defendant's

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    Actus reus is the actual act of committing some type of offense contrary to the laws of ones land. Mens rea on the other

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    by Martin W. Schwartz

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The difference between actus reus and mens rea and what it means to the criminal justice system

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