Elements of a Crime

How we prove an accused guilty in a court?

Ignorance of the Crime is No Excuse §

• If we do not have knowledge of the law, that is not an excuse.
• Therefore, an individual cannot claim ignorance (“I didn’t know”).
• We have access to all the laws of our land, which means you have responsibilities.
• Culpable vs non-culpable = legally and not legally responsible
  • NCR - Not Criminally Responsible (mental health issues, under the influence, etc.)

The Two Elements of a Crime §

Actus Reus §

The Guilty Action. To prove that there was Actus Reus, this can be in the following forms:

1. Voluntary Action (purposefully doing something illegal)
2. Omission of an Act (doing something illegal by purposefully not doing something)
3. State of Being (in possession or in a place you shouldn’t be/have)

Mens Rea §

The Guilty Mind, essentially, Criminal Intent. There are two ways to prove Mens Rea:

1. The individual had intent to commit (general, or specific)
2. The individual had, or should have had knowledge - everyone has certain awareness of facts or foreseeability.

Intent vs Motive §

What is intent? §

Intent is the knowledge or understanding a person had when they planned or committed a guilty action. Essentially, it is what a person is trying to achieve by carrying out some action. The courts can convict somebody based on intent.

What is a motive? §

A motive is the reason that a person does or does not do something. It can be tangible (because of something you touch, or have) or intangible (based on emotions or feelings). The courts cannot convict a person based on motive.

Forms of Knowledge §

Some charges require that a knowledge was evident in the accused. Most offenses are foreseeable, making the accused the cause.

There are three forms of knowledge as defined by the criminal code to prove the guilty mind.

1. Criminal Negligence - a reckless disregard for the safety of the lives of others.
2. Recklessness - consciously taking a risk that a reasonable person would not take.
3. Willful Blindness - disregarding the knowledge that an action is illegal.

How it All Works §

The elements of a crime require that:

1. A guilty action is committed (Actus Reus)
2. With some circumstances surrounding it (Mens Rea)
3. That leads to a consequence (Causality)

Ultimately, the elements of a crime are met when an offense is committed, wherein a person with an understanding of the circumstances create intent to violate the offense.

A Closer Look at Mens Rea §

• Knowledge = A reasonable awareness of certain facts
• Causality - The cause and effect relationship (defined by science and human understanding)

Summary of how it works §

The external elements typically require that there be an “act”, within some “circumstance”, and a specific “consequence” that is caused by the “action or inaction”.

• A Reasonable person can use knowledge to foresee the connection or a reasonable person would not act with the intention.