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Read A Statutory Approach to Criminal Law http://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1539&context=faculty_publications and Chapter 4: The Elements of a Crime http://2012books.lardbucket.org/pdfs/introduction-to-criminal-law/s08-the-elements-of-a-crime.pdf
Additionally, watch Components of a Statute https://youtu.be/do7EvPTuAfQ
Distinguish between the terms actus reus and mens rea. How are they significant in criminal law?
To what standard of law must the defendant’s mens rea be proven in order to gain a criminal conviction? Must the state prove “what the defendant was thinking at the time of the crime” in order to prove mens rea? Why or why not?
To what standard of law must each element of the actus reus be proven, and why?
Which of the two legal requirements listed above (i.e., actus reus and mens rea) is more difficult to prove beyond a reasonable doubt in a trial, and why?
Actus reus and mens rea are two different legal requirements for a criminal conviction. Actus reus refers to the guilty act or omission that the defendant must have committed in order for liability to be established. This includes physical elements such as an action, possession of an object, or failure to act when legally obligated to do so. Mens rea is the mental element of a crime and refers to the intent required by law in order for one’s actions (or lack thereof) to be considered criminal. It can involve knowledge of consequences, intentionality, recklessness, negligence, purposefulness or willingness.
To prove mens rea beyond a reasonable doubt in a trial, prosecutors must demonstrate that the defendant had knowledge at least equal to what society considers “criminal.” In other words, it must be shown that they knew their actions were illicit and unlawful with respect to the relevant statute or common law principle. The state does not need to prove “what the defendant was thinking at the time of the crime” since such subjective information is often impossible for prosecutors to access directly; instead indirect evidence may suffice if sufficient context exists.
To prove each element of actus reus beyond a reasonable doubt, prosecutors must show that defendants committed all necessary physical acts required by law for liability purposes – even if those acts were done unknowingly or accidentally; this affects both statutory crimes as well as common law principles which hold individuals liable through causation principles regardless of intent (e.g., causation rather than intention).
Mens rea is generally more difficult to prove beyond a reasonable doubt than actus reas because proving intention require greater proof then proving factual circumstances surrounding an incident alone – including circumstantial evidence showing motive and any form of mental state recognition from external sources like statements made by witnesses during police investigations leading up trial proceedings themselves.