ACTUS REUS

Importance of the General Principle of Actus Reus

Importance of the General Principle of Actus Reus

Introduction

The Latin phrase “actus reus” literally means criminal act. Actus reus is normally a requirement for criminal liability and, therefore, is one of the most important elements of a crime. Because English and U.S. criminal law do not seek to punish a person for having bad thoughts, the actus reus, or overt act, required as part of the felonious act.

Discussion

In order to confirm a criminal conviction, two elements must be constituted by the prosecutions which are actus reus and mens rea. Not able to show the existence of these two elements will result in unconditional discharge of the accused offense. Both the elements must be testified with proofs beyond a reasonable doubt by the tribunal at trial, the rational that no actus reus or mens rea is not a defense per se. If the defendant carried out the felonious act - the "Actus reus" (The criminal act) and had a guilty state of mind - the 'Mens Rea' (The guilty mind) will be convicted for the crime.

For instance, John is very angry with Anderson. John goes to Anderson's house with the intention of attacking him with a baseball bat. However, Anderson is not in. Although, John has the Mens Rea, for the crime (the guilty mind) he does not carry out the Actus Reus (the guilty act). John, therefore, cannot be guilty of an offence under the OAPA 1981, but may be convicted for the attempted offence, provided he has done acts that are more than merely preparatory (Molan, 2007).

The actus reus requirement met if a defendant purposely, knowingly, or recklessly does something that is forbidden by law. To act knowingly, the person must do so voluntarily and cannot be hold criminally liable if ...