Actus Reus

Definition

Actus reus, which translates to 'guilty act' in Latin, is a fundamental concept in criminal law that refers to the physical element of a crime. It encompasses the wrongful conduct or omission that, combined with the mental state (mens rea), constitutes a criminal offense. Actus reus is one of the essential components required to establish criminal liability, along with mens rea, causation, and harm or injury.

5 Must Know Facts For Your Next Test

1. Actus reus is the physical act or omission that, when combined with the required mental state (mens rea), constitutes a criminal offense.
2. The actus reus element of a crime must be a voluntary, willed action or inaction that is prohibited by law.
3. Actus reus can take various forms, such as a physical act (e.g., striking someone), a failure to act (e.g., failing to provide medical care to a dependent), or a state of being (e.g., possessing illegal drugs).
4. The actus reus and mens rea elements must occur concurrently for a crime to be committed, meaning the defendant must have the required mental state at the time of the prohibited physical act or omission.
5. The specific actus reus required for a particular crime is defined by the relevant criminal statute or common law.

Review Questions

• Explain the role of actus reus in establishing criminal liability, and how it differs from civil liability.
  • Actus reus is a crucial element in establishing criminal liability, as it represents the physical act or omission that, when combined with the required mental state (mens rea), constitutes a criminal offense. The presence of both actus reus and mens rea is necessary to hold an individual criminally responsible for their actions. In contrast, civil liability is based on the principles of tort law and is determined by the harm or damage caused to another person or their property, rather than the specific criminal elements of actus reus and mens rea.
• Describe the different forms that the actus reus element of a crime can take, and provide examples for each.
  • The actus reus element of a crime can take various forms, including a physical act, a failure to act, or a state of being. A physical act can be something like striking someone (assault), a failure to act can be neglecting to provide medical care to a dependent (manslaughter), and a state of being can be possessing illegal drugs (drug possession). In each case, the specific actus reus required is defined by the relevant criminal statute or common law, and it must be accompanied by the necessary mental state (mens rea) for the crime to be established.
• Analyze the relationship between actus reus and mens rea, and explain why the two elements must occur concurrently for a crime to be committed.
  • Actus reus and mens rea are the two essential elements required to establish criminal liability. Actus reus represents the physical act or omission, while mens rea refers to the mental state or intent. For a crime to be committed, these two elements must occur concurrently, meaning the defendant must have the required mental state (mens rea) at the time of the prohibited physical act or omission (actus reus). This is because the law recognizes that criminal culpability arises from the combination of a wrongful act and a culpable mental state, rather than just one or the other. The concurrent occurrence of actus reus and mens rea is a fundamental principle of criminal law, as it ensures that individuals are held accountable for their criminal actions and intentions.

Related terms

Mens Rea:

Mens rea, which means 'guilty mind' in Latin, refers to the mental state or intent required for a criminal act. It is the second essential element, along with actus reus, for establishing criminal liability.

Criminal Liability: Criminal liability is the legal responsibility for committing a crime, which is determined by the presence of both actus reus and mens rea.

Civil Liability: Civil liability refers to the legal responsibility for causing harm or damage to another person or their property, which is based on the principles of tort law rather than criminal law.