Mens Rea and other Elements


Mens Rea and other Elements

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  1. Actus Reus is a Latin term defining guilty act that is performed consciously or voluntarily. This video defined two parts of Actus Reus; commission and omission. Commission is where you would voluntarily do something that breaks a law, and omission is when you would not do something that the law requires. I thought it was very interesting that you could walk past as someone is drowning and not have any legal obligation to help that person unless you were related to them or otherwise bound to do so. Another thing this video brought up that I found very interesting was the Hill v. Baxter case, and how it talks about a “swarm of bees.” The video also shows you how to pick apart a definition and find the elements of Actus Reus and Mens Rea. Overall I thought this video did a very good job of explaining Actus Reus in terms that anyone could understand and went in depth with each element of Actus Reus.
    Blues456

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    1. please disregard this comment, it was in response to a different post.
      Blues456

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  2. At the beginning of this video the instructor says that learning the law is like learning a whole new language, and I absolutely agree to that statement. There are terms in criminal justice that I never would have even been able to guess what they meant without prior knowledge. This video presents the five elements needed to convict someone of a crime, and for this post we looked specifically at Mens Rea. I recommend finding part two of the video because it talks about Mens Rea in detail. Mens Rea is having a guilty mindset, or knowing that what you are doing is wrong. There are two ways you can prove Mens Rea, and they are specific intent, where you would specifically intend to commit a crime, and general intent crime, where your intent may not be to specifically intend to commit the crime. I learned a lot from both of these videos and would absolutely recommend finding part two to make Mens Rea a lot clearer.
    Blues456

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  3. The first part of this video really didn't focus at all on on mens rea. The first video focused all on the five basic elements of crime, and specifically actus reus. The second video in this series went more into depth about mens rea, which means a guilty mind. In other words the defendant knew exactly what he was doing, and that it was wrong. There are a few ways to find mens rea. One of them being specific intent crimes, meaning the defendant had the intent of committing that crime, crimes that fall under this category are things such as solicitation, attempt, and conspiracy, which in this video is made into a useful acrostic S.A.C to help with memorization. Also falling under this category are all theft crimes, intent to commit murder, and voluntary manslaughter. However, there is another way to prove mens rea, this is through general intent crimes. This essentially means that the person acted knowing full well what they were doing, but it was not premeditated. This that fall under this category are rape, battery, arson, and involuntary manslaughter. This video was very informative on mens rea if you actually watch the second video posted. Piglet456

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