Actus Reus and Mens Rea Flashcards
Structure of a criminal offense - Bipartite
In common law systems :
- Actus Reus :
- Was there an act/omission ?
- Was it unlawful ? - Mens Rea :
- Was it intentional ?
- Is the offender to blame ?
Fails to account for all the range of defenses - Do not distinguish between defense and justification
Structure of a criminal offense - Tripartite
In civil law systems :
- Fulfillment of offense definition :
- Mens rea - Descriptive meaning
- Actus Reus (positive act or omission) - Wrongful, unlawful (justification)
- Blameworthiness (excuse)
R v Dudley and Stephens (UK)
Cannibalism and murder on sheep wreck.
Necessity is not a valid defence under English law.
Mens Rea
Subjective element of a crime.
Combines both civil and common law approaches (direct intent, indirect intent, dolus eventualis, recklessness, conscious negligence and unconscious negligence)
Descriptive sense - Refers to different forms of intention, categories of fault
Normative meaning - Presupposes voluntary and responsible conduct, deals with culpability and blameworthiness
Mens Rea - Negligence
Intentional wrongdoing is punished more severely than negligent wrongdoing
Omnipresent and widely accepted
Common law - More retentive - Negligence is not a form of Mens Rea
Actus Reus
Objective element of a crime
Establishes a link between the person and the occurred criminal harm
Can consist of 3 element - Conduct, circumstances and consequences
English law - Actus Reus circumstances linked to Mens Rea elements
Actus Reus - Different categories of crime
Conduct crimes :
- Do not require a specific result
- Offence definition requires conduct and fault
- No causal connection required
Result crimes :
- Requires a specific result
- Requires conduct, fault and causation
Inchoate crimes (attempt and preparation) : - Subjective disposition of the offender constitutes the ground for responsibility
Strict liability offences :
- Only conduct and causation
- Generally rejected in Germany
Commission by omission
Proper omission offences - Statute that obliges to act
Withdrawal of treatment:
- UK - Not guilty of nurse of doctor (no duty of care if not in the best interest of the patient)
Omission + Mens Rea + Duty of Care
Actus Reus - Causation
Conditio sine qua non - If the result would have occurred without the conduct of the offender
Theory of proximate cause - Closest cause is the relevant one
Theory of adequate causation - Was the end result foreseeable? If it has a tendency, according to human experience and in the ordinary course of events to have such a consequence
Causation - Natural event
Does not break the chain if foreseeable and expected
Causation - Non-voluntary conduct by 3rd party
Does not break the chain - R. v. Michael and R. v. Paggett
Causation - Voluntary conduct of doctors
Does not break the chain unless gross negligence
Causation - Contributory causes
Take the victim as it is! Does not break the chain
Causation - Victim’s conduct
Conduct must be reasonable, foreseen and foreseeable