Elements of a Crime

A crime is based on two basic elements, the mental element or the guilty state of mind and the

physical element, a physical act by the criminal defendant.

Mens Rea is the mental element or mental state of mind of the defendant. There are four

elements of to fulfill the Mens Rea requirement under the Model Penal Code.

These are: Purposeful Act: This is where the defendant acts with a desire to cause the result. An

example of this would be, if the defendant throws a stone at someone with in intent to hurt them.

Knowing Act: This is where the defendant acts when he/she knows the result is almost to certain

to occur. For example, if someone sets fire to a home, he/she would know they would hurt

someone, but not any one person.

Reckless Act: This act occurs when someone acts with conscious disregard for the safety of

others. They know a substantial and unjustifiable risk will result. For example, the defendant is at

a party and decides to set off fireworks in a crowed area and an elderly person is hurt. Negligent

Act: When the defendant acts with a substantial and unjustifiable risk. This may include an act or

and omission to act when they is a duty to do so. For example, if a person does not act in manner

that is consistent with reasonable people should act.

Mens Rea is what the defendant was thinking and intending when the crime was committed. It

allows the criminal justice system to distinguish between a person who did not mean to commit a

crime and a person who planned on to commit a crime. The prosecution must prove the

defendant state of mind while committing the crime to win a conviction.

Actus Reus is the physical element of a crime or the guilty act of the crime. This action must be a

voluntary act, which is an act that is unconstrained. The Actus Reus act is what criminal law

intend to punch. It can be an act of commission or an act of omission The differences between

Mens Rea and Actus Reus is where the acts...