Introduction
What does actus reus mean in the context of real world crimes? As stated in the above subtitle, it deals mainly with actions or inaction of an individual that constitutes a crime. Whether it’s theft, battery, or simply failing to perform a certain duty, these are the building blocks of any crime. Law cannot define any criminal act if there is no actus reus.
To begin with, this article will take a look at the concept of actus reus[1] through practical application examples, its role in crime in detail, and emphasize the reasons as to why it is of crucial importance to crime in general. If you are inquisitive to know how this legal term actually functions in practice, here’s a chance for a very good read.
Table of Contents
What Does Actus Reus Cover?
Actions: The Physical Conduct
That is to say, actus reus is a core component focusing on the physical part of the act. For example, when a person steals in a store by putting items in whatever bag they come with without paying for them, they engage in a physical act that is morally and legally wrong that was done on purpose. Theft, assaults, and vandalism of property are very purposive acts and can be categorized as solutions depicting hope of goodness and prosperity.
However, it is not only the portrayal of grotesque offenses that disqualifies the right to frame charge. Even minor concepts such as trespass trespass have an action that is classified under actus reus It culminates into an important question. It is just proving that the left hand side indeed did something which is a crime.
Omissions: When Inaction Becomes a Crime
Did it surprise you that failing to act sometimes also stands for actus reus? I know, right, there are some scenarios where the normativity of law obligates one to take action otherwise they face repercussions. For instance, a parent who does not feed their child or a physician who does not treat a patient in an emergency setting are actions that can be sanctioned.
Of course, there are certain inactions which would not suffice. For an act to be classified under actus reus, there must exist a legal liability to perform – such may arise out of a contract, statute or a relationship in existence.
Possession: A Unique Form of Actus Reus
Possession crimes are pivotal changes to be rather termed possession crimes actus reus. Here, being in possession of illegal drugs or weapons, which may be in small quantity or not, becomes the criminal act because of which the crime is committed. You do not have to actively take part in its use or distribution, having it is enough.
Possession of stolen goods within one’s home becomes the act of reus if such goods are found there. Possession of such goods is automatically assumed to connote a form of crime.
Examples of Actus Reus in Criminal Law
Cases of Intentional Acts
Let’s see some of these in practice. If Person A had a fight with Person B and punches him squarely in the jaw, that becomes an actus reus. Likewise, if let’s say, a person wants to rob another and breaks into the house to steal, this act can also be classified as a crime.
These instances serve to demonstrate that a majority of the offenses are purposeful, moves in itself are enough to evidence of intent.
Crimes of Neglect
But what of the case where a person does not act when he is suppose to? Lets say the foster parent choose not to give his patient the correct treatment by Laws on Actus Invictae that will be seen as not attempting to commit the offense. One more example a person in a hit and run does not stop and aid the injured this inaction also can lead the person into legal issues.
Such circumstances highlight actus reus as not only having potential injurious actions, but also potential inactiveness that violate the law.
Controversial Actus Reus Cases
Certain cases test the limits of actus reus. For instance, in some states, even people charged with owning goods like crowbars without committing an offense, such charge located this bearing criminal offense.
This leads to important inquiries: Why do steps towards a crime and a completed offense look the same? These are the cases, which make us think about the extent of actus reus in law.
Why Actus Reus is Critical to Justice
Legal Principles at Play
The policy of actus reus means that in accordance with some set of factors, some action is performed, or in certain instances, nothing is done by that person which would deserve punishment. This averts individuals from being charged for crimes based on their beliefs alone, which is against the basic legal concepts of justice.
In the absence of an Actus Reus for example what basis would a court differentiate between an innocent act and a criminal intent? This aspect is clear because it brings order to criminal trials.
Balancing Actus Reus and Mens Rea
Now, this is where it becomes more engaging and challenging. Where actus reus assumes or pushes is its focus on action, mens rea[2] tracks the intent or the way it was intended. These two are entirely related, so not only the action but even the intent matters.
Stepping on a foot might sound stereotypical or just plain hurting, however, it was brought up in a legal setting such as a trial or something similar. Stepping means to walk over to someone and paying no heed to anything or for example noticing but still stepping on someone’s foot can be deemed as a legal settlement. This act whether done deliberately has a dire need of an explanation as to bring balance in judicial systems.
The Role of Evidence in Proving Actus Reus
The courts show in the actus reus to define a person’s crime act? The answer hardly requires in depth analyzation as it is self explanatory. The answer is evidence! Evidence can range from being the most common a delayed punch, a witness or an image that captures the accused near the alleged crime. A witness is a person not everyone can overrule the abilities of any person with more knowledge in their area of experience.
A clear example that could define an act that is a trying tense is using a fingerprint whilst using a weapon or vice versa. The uses of fingerprints date back to 2000 BC on record in china so imagine their importance in weapon definition but in absence of violence the picture would paint an easy and plausible explanation for murder charges.
Conclusion
From a legal view this act has its dimensions and borders out of which one that clearly stands out amongst the others is possessory actions targeting or crime gruesome murders due to negligence or during pertainings or legal implications. A good set of determining focuses would be from the purpose: if I commit a crime based on being a person to then relying on myself to dictate why I need to do it more for me than society. Without a doubt one of it has to be an action not done anywhere to make a balance in powers amongst the elite.
Women and men relations, balance or in everyday sense an anti moat around a castle of dangers is what actus reus does. There is always one thing that goes amiss, committing that perfect crime based on guilt and plausibility amongst the upper class. Proportions have a balance reason and morals go hand in hand.
FAQs
What is the difference between actus reus and mens rea?
Actus reus and mens rea are the two most important elements of any crime. The term ‘actus reus’ refers to the physical aspects of committing a crime while the term ‘mens rea’ entrenches the mental aspects associated with the crime. To formulate an ideal legal framework, both these elements need to bepresent. Both elements are generally required in proving a person’s guilt of an offense.
Can someone be guilty without actus reus?
No, actus reus is an essential precondition to any criminal liability. There is no crime which is the culmination of an act or the infringement of a statute provision. Even in the case of preparation of offenses, this provision is receivable but it has to relate to some action.
What are possession crimes under actus reus?
Possession crimes occur when a person holds or has in their control and custody illegal substances such as drugs or weapons, cases of possession deal solely with the obtaining and retention of illegal items with the crime not being related to their use or other associated activities. In most cases, possession crimes are controlled by the acted out crime.
How do courts prove actus reus?
Despite the many factors affecting an individual such as, but not limited to, eyewitnesses, video recordings and particular items assisting a person in petty criminal acts, courts rely on literally all forms of evidence. Such evidence links the accused to the crime in fact, the actus was committed. In the absence of such a piece of evidence, it becomes difficult to prove one’s case with regards to the actus being performed.
Are omissions always considered actus reus?
No, omissions are only considered actus reus when there is a legal duty to act. For instance, any other bystander is not legally under obligation to assist, But lifeguards are legally required to provide aid to swimmers who are drowning.
References
We value truthful content. 2 sources were referenced during research to write this content.
- (n.d.). actus reus | Wex | US Law | LII / Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/actus_reus
- (n.d.). Mens Rea and Actus Reus. Retrieved from https://unacademy.com/content/upsc/study-material/law/mens-rea-and-actus-reus/