Criminal Law
In the United States, a person is considered to have committed a crime if they were involved in any act or omission (of an act) in violation of the law. Laws are put into place to protect citizens, uphold the rights set forth in the Constitution and to make sure the justice system is fair to all. If you've committed a crime and are caught you will be prosecuted which may result in incarceration, monetary fines, or both. It's essential to prove that an individual is actually guilty and deserving of the sentencing received. The criminal justice system was designed to be just and fair and to ensure individuals are only convicted and sentenced if they have in fact committed a crime. Hence, the idea that a person is innocent before proven guilty was born.
In 1962, a Model Penal Code (MPC) was adopted in an effort to standardize and organize laws across all states since at the time state laws varied widely. The standard used was to define what a reasonable person would judge the penal law to do and compare it to the crime committed. In order to ensure an innocent person isn't wrongly convicted, certain elements of a crime must be satisfied to prove an individual's guilt. Both intent and action are essential factors. For this reason most crimes consist of two elements.
an act, or actus reus
For a person to be responsible for a crime, overt action or physical involvement has to take place. Thinking criminal thoughts or devising a crime in your mind is not considered action since no altercation has happened and no harm has come to a person or property.
a mental state, or mens rea
The term mens rea refers to an individual's state of mind at the time a crime was committed. Mens rea is an essential aspect of all criminal cases. For an individual to be found guilty, it must be proven upon a reasonable doubt, that the person committed the crime. But, more importantly, that the person had a guilty intent.
Criminal statutes generally require proof of both actus reus and mens rea in order to establish criminal liability and guilt.
In the United States, a person is considered to have committed a crime if they were involved in any act or omission (of an act) in violation of the law. Laws are put into place to protect citizens, uphold the rights set forth in the Constitution and to make sure the justice system is fair to all. If you've committed a crime and are caught you will be prosecuted which may result in incarceration, monetary fines, or both. It's essential to prove that an individual is actually guilty and deserving of the sentencing received. The criminal justice system was designed to be just and fair and to ensure individuals are only convicted and sentenced if they have in fact committed a crime. Hence, the idea that a person is innocent before proven guilty was born.
In 1962, a Model Penal Code (MPC) was adopted in an effort to standardize and organize laws across all states since at the time state laws varied widely. The standard used was to define what a reasonable person would judge the penal law to do and compare it to the crime committed. In order to ensure an innocent person isn't wrongly convicted, certain elements of a crime must be satisfied to prove an individual's guilt. Both intent and action are essential factors. For this reason most crimes consist of two elements.
an act, or actus reus
For a person to be responsible for a crime, overt action or physical involvement has to take place. Thinking criminal thoughts or devising a crime in your mind is not considered action since no altercation has happened and no harm has come to a person or property.
a mental state, or mens rea
The term mens rea refers to an individual's state of mind at the time a crime was committed. Mens rea is an essential aspect of all criminal cases. For an individual to be found guilty, it must be proven upon a reasonable doubt, that the person committed the crime. But, more importantly, that the person had a guilty intent.
Criminal statutes generally require proof of both actus reus and mens rea in order to establish criminal liability and guilt.
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DISCLAIMER: This report is not legal advice. You need to do your own due diligence to determine if the content is right for your Individual purposes. The publisher of this report is not liable for any damages or losses associated with the content in this report.