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Topic: Actus reus


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Law

In the News (Mon 18 Mar 19)

  
  Actus reus: Definition and Links by Encyclopedian.com - All about Actus reus   (Site not responding. Last check: 2007-10-21)
According to criminal jurisprudence, there must be a concurrence of both actus reus and mens rea for a crime to have been committed.
The actus reus is often considered to be the criminal act.
Even though the actus reus has not been completed, the intent and the attempt — which is considered a criminal act in itself — are sufficient to impose criminal liability.
www.encyclopedian.com /ac/Actus-reus.html   (612 words)

  
 No. 97-1139: U.S. v. Rodriguez-Moreno - Reply (Merits)
In contrast to an element of the crime that describes its external circumstances, the actus reus is usefully understood as the specific voluntary act or acts that the defendant performs (or for which the defendant is legally responsible) and that constitutes the conduct targeted for criminal punishment.
Because respondent chose to commit one actus reus element of Section 924(c)(1), the crime of violence, in New Jersey as well as in Maryland, and because he used the firearm during and in relation to that crime of violence, venue for the Section 924(c)(1) offense was proper in New Jersey.
While the literal meaning of "actus reus" is a "bad act," in technical legal use it generally refers to the defendant's voluntary conduct (and sometimes the conduct's results) as distinguished from the mental element of the crime.
www.usdoj.gov /osg/briefs/1997/3mer/2mer/97-1139.mer.rep.html   (3273 words)

  
 English Criminal Law - Wikibooks
Actus reus refers to the physical parts of the crime (the guilty act) and is part of the latin maxim mentioned in the intoduction.
The actus reus is on its own useless for a conviction unless the crime commited is one of strict liability (mentioned later).
As you can see the actus reus part of theft gives no required consequence, this means that if D does not escape with the property he has appropriated he has still fulfilled the actus reus of theft.
en.wikibooks.org /wiki/English_Criminal_Law   (501 words)

  
 Actus reus - Wikipedia, the free encyclopedia
The actus reus — sometimes called the external elements of a crime — is the criminal act which, in combination with the mens rea, produces criminal liability in common law based criminal law jurisdictions such as the United States, Australia, Canada and the United Kingdom.
For example, in the crime of Burglary ("breaking and entering the dwelling of another during the night with the intention to commit a felony therein") has the prohibited conduct of "breaking" and "entering", and the circumstance "of another" and "during the night".
The prosecution must prove all theses elements beyond a reasonable doubt in order to establish the actus reus.
en.wikipedia.org /wiki/Actus_reus   (323 words)

  
 GENERAL REVISION 1   (Site not responding. Last check: 2007-10-21)
Actus Reus of murder and manslaughter is the same - an unlawful killing of a person in being under the queen's peace.
Remember that the actus reus of is the unlawful killing of a person in being under the Queen's peace.
Actus reus is satisfied where there is a technical assault or battery which has caused actual bodily harm.
privatewww.essex.ac.uk /~joash/general_revision_1.htm   (1002 words)

  
 LL.B. Worldwide   (Site not responding. Last check: 2007-10-21)
For example, the actus reus of the offence of dangerous driving is simply "driving a mechanically propelled vehicle on a road or other public place" (s2 Road Traffic Act 1988).
For example, the actus reus of the offence of criminal damage is that property belonging to another must be destroyed or damaged (s1(1) Criminal Damage Act 1971).
When the definition of an actus reus requires the occurrence of certain consequences, the prosecution must prove that it was the defendant's conduct which caused those consequences to occur.
www.network54.com /Forum/message?forumid=216585&messageid=1068708664   (2210 words)

  
 Air Force Law Review: The use of conventional international law in combating terrorism: a maginot line for modern ...
Actus reus refers to the actual physical act or behavior, while mens rea denotes the actor's mental state.
(216) The actus reus element of aiding and abetting is generally easy to discern because under a theory of accomplice liability, to be guilty, the defendant must commit an act in furtherance of the principal's offense.
Furundzija, (221) the trial and appellate chamber recognized the actus reus of aiding and abetting in international criminal law requires practical assistance, encouragement, or moral support which has a substantial effect on the perpetration of the crime.
www.findarticles.com /p/articles/mi_m6007/is_55/ai_n8585593/pg_8   (1391 words)

  
 [No title]   (Site not responding. Last check: 2007-10-21)
No actus reus because prosecution failed to prove that the defendant acted in a voluntary manner: it was not clear that the defendant caused the landing in New York (“for reasons best known to the captain”).
There was actus reus because defendant had reason to know he had a history of epilepsy and that he should not have driven the car.
Upshot: the actus reus are sex, non-consent and force; the court will have to prove he intended to have sex and that he did so with forcible compulsion/without her consent.
www.uga.edu /blsa/OutlineDocs/CriminalLawKurtzFall2001.doc   (16110 words)

  
 [No title]   (Site not responding. Last check: 2007-10-21)
The physical element may be termed by the ACTUS REUS, If it is decided that mens rea is excluded, then that finding is likely to disguise the fact that there is an absence of proof showing that the accused has done all that is charged against him.
Actus Reus — the action of causing the effect on the victim’s mind Mens Rea — the intention to cause that effect.
ACTUS REUS: OMISSIONS ACTUS REUS when a person is found guilty for failing to perform a certain legal duty Courts are generally reluctant to use a failure to act as an actus reus.
www.ozforums.net /summaries/first_year/CRIM_Slattery_F03.doc   (18838 words)

  
 Kevin's English law glossary: actus reus   (Site not responding. Last check: 2007-10-21)
In some cases the actus can be an omission to act (see omission), but usually only when the accused had a legal duty to act.
Sometimes the actus may not be the event itself, but the effect it has on the victim (e.g., in rape), or the circumstances that surround it (e.g., bigamous marriage).
It is fundamental that the actus reus be a voluntary act; if a defendant could not have acted any other way (see automatism) then not only is he not liable, then the actus reus is deemed not have ocurred.
www.kevinboone.com /lawglos_254.html   (241 words)

  
 [No title]
Omissions: The actus reus requirement means that in most situations, there is no criminal liability for an omission to act (as distinguished from an affirmative act).
The prosecution must show that the defendant’s actus reus “caused” the harmful result, in two different senses: (1) that the act was the “cause in fact” of the harm; and (2) that the act was the “proximate” cause (or the “legal” cause) of the harm.
In a crime requiring “specific intent” (i.e., intent to do an act other than the actus reus, such as the intent to commit a felony as required for burglary), D would be allowed to show that intoxication prevented him from having the requisite specific intent.
www.geocities.com /emanuellawoutlines/crimlaw_emanuel.doc   (22627 words)

  
 [No title]
actus reus consists of all the elements in the statutory or common law definition of the offence except the defendant’s mental element
actus reus) that the defendant caused that consequence
actus reus in homicide it is necessary to prove that the defendant caused the death of the victim
web.tiscali.it /garybutcher/EnglishLaw/sessionfive.htm   (330 words)

  
 Professor Jeffrey Hartje
The analysis of the Actus Reus and Causation at Common Law is substantially similar with the substitution of the language of proximate causation and dependant intervening causes, and independent intervening causes potentially superceding Gorby’s “but for” causation.
Whether Mark will be guilty of attempted securities fraud will depend on whether he had the mens rea for the offense and whether the conduct in which he engaged meets the actus reus or attempt.
As to the actus reus, it is possible that Mark’s behavior did not go beyond mere preparation.
www.law.du.edu /hartje/practiceexamsampleanswers.htm   (2156 words)

  
 ecdp1028 - IIM - Criminal Code Offences - Elements of an Offence
As you can see from the formula the elements of Actus Reus and Mens Rea are constants and must be proved in each case.
To summarize then, your first task as an investigator is to prove the offence actually occurred which is referred to as the Actus Reus of the offence.
Actus Reus consists of three elements which are the event itself, the environment or circumstances surrounding the event and the consequences of the conduct.
www.rcmp-learning.org /iim/ecdi1028.htm   (1676 words)

  
 Criminal law - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-10-21)
Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind).
For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury).
The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted.
www.sevenhills.us /project/wikipedia/index.php/Criminal_law   (541 words)

  
 LawTeacher.net by Asif Tufal - Mens Rea 2 - Transferred Malice, Coincidence of actus reus and mens rea, the ...
Under the doctrine of transferred malice a defendant will be liable for an offence if he has the necessary mens rea and commits the actus reus even if the victim differs from the one intended.
The second way the courts have dealt with the problem is to consider a chain of events (ie, a continuing series of acts) to be a continuing actus reus for the purposes of the criminal law.
If the actus reus and the mens rea are both present at some time during this chain of events, then there is liability.
www.lawteacher.net /Criminal/Principles/Mens%20Rea%20Lecture%202.htm   (291 words)

  
 Using actual situations, describe the elements of actus reus and mens rea in criminal law.
The actus reus of malicious wounding is that the defendant must 'wound or inflict grievous bodily harm'.
Expressed intention (the same as expressed malice aforethought) is where the defendant's actions were intended to lead to the death of the victim whilst implied intention is where the defendant went with the intention of committing grievous bodily harm, but went to far in his actions and killed the victim.
Voluntary manslaughter is where the defendant has committed the actus reus and mens rea of murder (the unlawful killing of a person and the specific intention to kill or cause grievous bodily harm) but is allowed, by law, to use one of three defences to lesson the charge to manslaughter.
www.coursework.info /i/51029.html   (423 words)

  
 [No title]   (Site not responding. Last check: 2007-10-21)
Although his reckless inattention to the fire could be said to constitute mens rea, it was not associated with the actus reus of setting the fire.
The trial judge ruled that the actus reus was not the setting of the fire, but was the omission to deal with a dangerous situation the defendent himself created.
The Appeal Court rules that the actus reus was in fact the set of events, starting with the time the fire was set, and ending with the reckless refusal to extinguish it.
www.kevinboone.com /PF_lawglos_R_v_Miller_(1983).html   (289 words)

  
 Coincidence of actus reus and mens rea   (Site not responding. Last check: 2007-10-21)
The court held that the actus reus of rape was a continuing act, and so when D realised his V did not consent (thus forming the necessary mens rea) the actus reus was still in progress.
V did die, but from the fall and the exposure, and not form the beating, thus there was an argument that at the time of the actus reus, the Dís no longer had the mens rea.
The Dís had the required mens rea when the transaction began and therefore mens rea and actus reus had coincided for the purposes of law.
www.peterjepson.com /law/actus_reus_and_me.htm   (506 words)

  
 Exam info 2000/1
Students launched into mens rea or actus reus or would talk about serious harm etc, but the actual crimes are not being identified.
This fails to recognise that actus reus (for constructive) and usually, mens rea for involuntary manslaughter do differ; this failing (i think) led such students to discuss more than one mens rea, and of course made it difficult to deduce the offence they were discussing.
The essential elements of a criminal offence are the actus reus, conduct element, and the mens rea, mental element.
privatewww.essex.ac.uk /~joash/noticeboard.htm   (4528 words)

  
 Manslaughter - Criminal Law - To establish an actus reus of an offence in homicide, it must have to be proved that the ...
Manslaughter - Criminal Law - To establish an actus reus of an offence in homicide, it must have to be proved that the defendant caused the death of the victim.
Coursework and Essays: By Level: I.B. History: Manslaughter - Criminal Law - To establish an actus reus of an offence in homicide, it must have to be proved that the defendant caused the death of the victim
Below is a short sample of the essay "Manslaughter - Criminal Law - To establish an actus reus of an offence in homicide, it must have to be proved that the defendant caused the death of the victim.".
www.coursework.info /i/15235.html   (773 words)

  
 Components of Criminal Offences 1: Actus Reus   (Site not responding. Last check: 2007-10-21)
It is part of the prosecution's case to prove that the actus reus was brought about by the voluntary conduct of the accused.
Voluntariness of the accused's conduct is an essential element for all crimes involving a conduct element and the failure to prove that the accused brought about the actus reus
reus of the offence, but that he did so without any willed muscular control on his part.
sandpit.law.uts.edu.au /~menghrajani/comp1.html   (209 words)

  
 [No title]
Actus Reus A. Distinguished from thoughts, words, possession or status.
Actus reus was "causing ship to be set on fire." Mens rea required to be malicious.
The person who assists the crime but does not commit the actus reus is called an accomplice, and the one committing the crime is the principal.
www.law.nyu.edu /studentorgs/sba/outlines/firstyear/crimlaw/hughes_f92_2.doc   (14296 words)

  
 Perjury article - Perjury court crime witness common mens actus reus France notary public - What-Means.com   (Site not responding. Last check: 2007-10-21)
Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate.
Like all other crimes in the common law system, perjury requires one to have the mens rea and actus reus necessary to prove the elements of a crime.
In some countries such as France, suspects cannot be heard under oath and thus do not commit perjury, whatever they say during their trial.
www.what-means.com /encyclopedia/Perjury   (218 words)

  
 Anfy preview
Actus Reus: which pertains to the quality of a given act
There are, in turn, three requirements to the actus reus which we begin to discuss.
The predicate facts must form the actus reus of the crime.
netlaw.samford.edu /olson/criminal/lecture2.html   (551 words)

  
 Larceny - Wikipedia, the free encyclopedia
Permanence can include the intent to deprive the possessor of economic significance, even if he plans on returning it later.
Unfortunately, the mens rea and actus reus must coincide.
If one rents a car with intent to return, then decides to keep it, then there is no larceny (see embezzlement).
en.wikipedia.org /wiki/Larceny   (627 words)

  
 Actus Reus.
As the Actus Reus has not been proved, there is no reason to look at the Mens Rea element of intention for this offence.
Actus Reus = If any person makes or causes to be made in a record book any entry which is false or misleading in a material particular
The information shows that Earl has committed the actus reus of the crime he is charged with, as his actions satisfy the ele
www.coursework.info /i/47708.html   (449 words)

  
 Actus reus   (Site not responding. Last check: 2007-10-21)
According to criminal jurisprudence, there must be a concurrence of bothactus reus and mens rea for a crime to have been committed.
Even thoughthe actus reus has not been completed, the intent and the attempt — which is considered a criminal act in itself— are sufficient to impose criminal liability.
Section 24 of the Canadian CriminalCode defines being guilty of attempt as follows: 'any one who, with the intent to commit an offence, does or omits to doanything for the purpose of carrying out his intention is guilty...'.
www.therfcc.org /actus-reus-35020.html   (629 words)

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