Exploring Mens Rea, Actus Reus, Omissions, and Incapacitation

This assignment explores the core elements of criminal law, specifically focusing on Mens Rea (the mental state of the offender) and Actus Reus (the guilty act). It delves into the definitions and significance of both concepts, emphasizing their roles in establishing criminal liability. The assignment examines the implications of omissions, highlighting their role in criminal law and the debate surrounding their criminalization. Furthermore, the assignment discusses deterrence and incapacitation as methods of preventing future offenses, explaining how these concepts interact with the criminal justice system. The analysis incorporates the role of Mens Rea in distinguishing between intentional and unintentional criminal behavior, showcasing its importance in the legal framework. The assignment includes references to scholarly sources to support the analysis.

Running head: QUESTIONS 0
Mens Rea
MARCH 26, 2020
STUDENT DETAILS

QUESTIONS 1
Contents
Actus Reus..................................................................................................................................................2
Omissions....................................................................................................................................................2
Mens Rea.....................................................................................................................................................2
Deterrence/Incapacitation............................................................................................................................3
References...................................................................................................................................................4

QUESTIONS 2
Actus Reus
The crimes should be considered in two parts. These two parts are mental intention
to make offences (mens rea) as well as physical action of offence (actus reus). Actus reus is Latin
term that means guilty act. It is considered as objective or external element of the crime. Actus
reus is normally described as a criminal action that was outcome of voluntary bodily movements.
It defines physical activity that is harmful for others. It can say it is considered as conduct or
behaviour that is essential element of the offence, in opposition of the mental state of the accused
(Keiler, 2019).
Omissions
The omission is failure of performance that creates legal concerns from positive
conducts. It will establish actus reus and create liability only while legislature imposes the duty
to perform. The question is that whether omission should be criminalised. Firstly, it can say that
that omission is required to be criminalised in context of the obligations of social responsibilities.
Even though, the main criticism on omission liability is the infringement of independence as well
as right of someone. It is evident that the omission liabilities had verbalized independence of the
manner people want to live.
Mens Rea
Mens rea is mental element of intent of individual to make offence. It can see that it is a
knowledge that action of someone or lack of action will cause offence to be made. It is very
essential and significant element of many offence. In this way, it is a purpose or understanding of
wrongdoing that develops part of the offence, as opposed to the behaviour of the defendant.
There is significant role of Mens rea in criminal justice system because it permits legal system to

QUESTIONS 3
distinguish between someone who did not conduct crime and someone who conduct crime
intentionally (Hasitha & Jain, 2019).
Deterrence/Incapacitation
The specific deterrence ends offence by frightening the perpetrator with sentence. On the
other hand, the incapacitation ends crimes by eliminating the defendants from community. In this
way, the main purpose of incapacitation is to prevent upcoming offences by taking away
capability of criminals to do offenses.

QUESTIONS 4
References
Hasitha, S., & Jain, A. (2019). Actus reus and mens rea. USA: Springer
Keiler, J. (2019). Actus Reus and Mens Rea: The elements of crime and the framework of
criminal liability. Comparative concepts of criminal law, (3), 107-120.