Mens Rea
A crime requires two essential elements. If either one is absent a crime has not occurred. (1) a criminal act accompanied by (2) a criminal intent.
There are 8 general features of crime. They include: the criminal act, a guilty mind, a concurrence of actus reus and mens rea, causation, harm, legality, punishment and attendant circumstances.
The five elements of crime, both straightforward and complex, typically include: 1) Actus Reus (the guilty act), which refers to the physical action or conduct that constitutes a criminal offense; 2) Mens Rea (the guilty mind), indicating the offender's mental state or intent during the crime; 3) Concurrence, which means the act and the intent must occur together; 4) Causation, establishing a direct link between the act and the harm caused; and 5) Harm, which is the resulting damage or injury that the crime inflicts on an individual or society. These elements must be proven beyond a reasonable doubt for a conviction.
The necessary "elements" of a crime depend entirely upon the charge of the crime, but in most cases the acts must show not only the act itself (actus reus) but also evidence of a guilty mind (mens rea).
mens rea, is latin for the "guilty mind", the actus reus is latin for the "guilty act"
an act itself is not crime unless accompanied by a guilty mind
Regardless of the offense: from Petit Larceny all the way up to Murder, there are only TWO elements necessary to form a crime. The guilty mind or thought (Mens Rea) and the unlawful act (Actus Rea). These two elements are the only elements needed.
'Mens Rea' is a Latin term meaning a 'Guilty Mind.' It is one of the two elements necessary to constitute a crime. The two elements necessary to constitute a criminal offense are (1) The criminal act itself accompanied by (2) the Mens Rea (or criminal intent). Therefore, Mens Rea is just a fancy way of saying "criminal intent."
Mens rea is the state of mind required for an individual to be guilty of a crime. For someone to be convicted of a criminal act, it must be committed with the state of mind defined in the statute outlining the crime. For further information see the related link below.
Mens Rea - the act of a guilty mind. First Degree Murder is a pre-meditated crime. That in itself is indicative of the Mens Rea of the perpetrator. The elements of Mens Rea are that the act was done: purposely - knowingly - recklessly - and negligently.
The term is called 'mens rea' In order to be convicted of any crime, every 'element' of the crime must be proven by the government beyond a reasonable doubt. So, it depends on what the crime is, and what are the particular elements of the crime alleged. If the alleged crime includes a particular 'state of mind' or 'mens rea', the government would have to prove beyond a reasonable doubt that the defendant possessed the mens rea to commit the alleged offense. An example would be a defendant not being guilty by reason of a mental defect, sometimes called not guilty by reason of insanity. This explains why some defendants are not found guilty or not charged with some crime, and are instead committed to a government mental institution.
Two factors must be present in the prosecution of a criminal case. These factors are Mens Rea and Actus Reus. Mens Rea is literally translated as "guilty mind," and colloquially translated as the premeditation of a crime. Actus reus is translated literally to mean "guilty action," and means the actual commission of a crime. Without one, it is very rare to find the other. The Actus Rea is where intent comes in to play, for without the intent of committing a crime, there can be no crime, except in extreme circumstances. A prosecutor must prove that there was Mens rea involved in the commission of the crime or else the case would be extremely shaky.