Actus Reus and Mens Rea

When we talk about a crime, there are two important elements: actus reus and mens rea.

Actus Reus: The Physical Action

Actus reus refers to the physical action or behaviour someone takes, like stealing or hurting someone. It’s the actual thing that the person does that is against the law. For example, if someone steals a toy from a store, taking the toy without permission is the actus reus.

Mens Rea: The Guilty Mind

Mens rea, Latin for “guilty mind,” refers to the person’s intention or mental state when they committed the act. It looks at what was going on in a person’s mind at the time of the action. Did the person know they were doing something wrong? Did they plan or intend to do something bad? Mens rea helps us understand the person’s state of mind and if they had a guilty intention.

Actus Reus and Mens Rea

To have a crime, both actus reus and mens rea must be present. Actus reus is the physical action, while mens rea is the intention or mental state behind that action. It’s like putting together two puzzle pieces to determine if something is a crime.

Example: Accidental Bump vs. Intentional Hit

For example, let’s compare an accidental bump with an intentional hit. If someone accidentally bumps into another person on the street, the actus reus is the physical contact, the bump. However, if it was truly an accident and the person did not intend to harm or hurt anyone, then the mens rea is absent. In this case, it wouldn’t be considered a crime because there was no guilty mind behind it.

On the other hand, if someone deliberately hits another person out of anger, the actus reus is the physical act of hitting. The mens rea is present because the person intended to harm the other. In this case, it could be considered a crime because both the actus reus and mens rea are present.

Understanding Crimes Fairly

“ACTUS REUS + MENS REA = CRIME” reminds us that the physical action and the guilty mind or intention must be present for an action to be considered a crime. It’s a way to understand and define what is and isn’t a crime fairly and justly. By considering both actus reus and mens rea, we ensure that people are held accountable for their actions while also considering their intentions.