Assault, Rape, Bigamy, and Related Offenses; Mens Rea and Actus Reus (From Criminal Law and Approaches to the Study of Law: Cases and Materials, Second Edition, P 107-228, 1991, John M Brumbaugh -- See NCJ-129382)

• NCJ Number: 129383
• Author(s): J M Brumbaugh
• Date Published: 1991
• Length: 122 pages
• Sale Source: Foundation Press
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This chapter discusses the theoretical anatomy of a criminal offense -- the elements of mens rea and actus reus -- and uses such crimes as assault and rape to illustrate both the particular crimes and the theoretical models.

Abstract

The chapter first examines the crime of assault, considering what it requires, both as to the conduct and the state of mind of the accused. Victim consent is then examined as one factor that may be a justifying defense to an assault charge (e.g., a football injury or medical treatment). The chapter then moves to a more detailed analysis of mens rea (guilty mind) and actus reus (guilty act). The actus reus differs with each crime according to the nature of the definition of the offense. The mens rea concerns the wrongful attitude of the accused that accompanies the actus reus of the offense. The discussion of actus reus encompasses omissions and voluntary conduct. A discussion of the concurrence of actus reus and mens rea is followed by consideration of absolute liability offenses, i.e., offenses that do not require proof of criminal intent. The chapter concludes with an examination of the relationship between mens rea and the accused's ignorance of or mistaken belief about the facts or the law, using the law of rape, bigamy, and related offenses to illustrate this concept. Court cases and particular statutes are used to illustrate the concepts presented. Study questions and notes