What is Actus Reus?
In criminal law, have you ever wondered what actus reus is? It is the physical act of carrying out a crime. This does not concern the thoughts of the perpetrator which is a completely different aspect of investigation. Rather it is the deed or in some instances the non-deed which violates the law. Everything from stealing a wallet, burglary, or even failure to perform when the duty calls. Everything falls under the scope of actus reus[1] which is an essential part criminal laws.
In this post, we will review the meaning and importance of this term and try to analyze its possible uses in the simplest manner that can be. If you have ever been interested in legal language or popular legal language or an aspiring law student you can derive a lot of interesting insights out of this article.
Table of Contents
What Does Actus Reus Mean in Law?
Definition and Simple Terms
From Latin, actus reus translates as ‘guilty act’, but try taking the phrase apart because it should not scare you. The term is actually a stylized way of depicting the physical part of crime. It can be re-scaled to mean that in order to consider someone a criminal, there should be a proof of do something that break the law or fails to do so even while required to do so.
Let’s examine the position further. If a person sets out to burn a building down, then that person has committed an act of arson. Arson becomes the actus reus[2]. It’s very simple, No action, no crime, right!
Historical Context
The idea or the basis of actus reus is not new as it has existed since the ancient legal codes. Even before centuries, courts were not oblivious as it came to distinguish between a person’s position or their thought processes and their actual actions. The reason this is critical: Because if you don’t act, intent is simply a concept.
Defining example: medieval England was a little more progressive in that thinking about stealing was not enough to punish you. As a contrast, jumping in the barn and loading the cider press onto the back of the sleigh was sufficient to be charge with a crime.
Importance in Criminal Law
And when it comes to the field of criminal law, the inclusion of actus reus is rather quite important. In the most simple of terms, it’s about punishing a person for his action rather than his thought alone. By this rule, a person can’t just be charged just because he had some malign intentions but didn’t actually act on them.
Then again, crime is in the unit of all three and all must be understood so that justice achieved is appropriate for the crime committed. Because accidentally bumping into a stranger on the street is nowhere near in seriousness as assaulting them with the intent of doing so.
Actus Reus Elements and Types
Conduct and Action
The intentional conduct or action is the most prevalent manifestation of actus reus[3]. It could cover actions such as stealing, assaulting, or vandalizing. For example, taking someone’s belongings by force without their consent is the actus reus of the act of stealing.
But what do we call situations in which action is not so straightforward? For example, invading the person’s bank account by hacking does involve action but it is not physical.
Omissions
Did you know that even ‘inaction’ can be termed as actus reus? A good example is a lifeguard whose job requires him to save lives but sees a person drowning and does nothing to save that person. In such scenarios, the inaction turns out to be the actus or the physical element of the crime.
On the other hand, however, in some cases an inaction could be criminal in nature, not all of the inaction does so. In this case what matters, is, whether there was a legal requirement to perform.
Causation
The act causation of a crime establishes causation by linking the action to the offense. For instance, one person forcefully propels another into a swimming pool resulting in drowning. Here, the push (actus reus) is causatively connected to the resultant death. You have to have causation, without causation, it’s difficult to substantiate the offense.
Explaining Actus Reus in Real-Life Scenarios
Examples in Criminal Cases
Let’s take a most relatable instance: A person is accused of stealing goods from a store. The action of removing an item from the shelf and exiting the establishment without remitting payment is referred to as actus reus.
Let’s consider another example. A motorist who disregards a red traffic signal and collides with a pedestrian is executed in this example. The second part of the example describes the physical component of the crime, which is the motorist neglecting the traffic signal.
Key Differences Between Actus Reus and Mens Rea
If actus reus describes the “act” of the individual then mens rea describes the part of the brain in the individual. Consider it like this, if actus reus was what you performed, then mens rea is the reason behind it. Typically, a crime requires both elements to be established beyond a reasonable doubt.
In other situations, however, only the conduct suffices. Strict liability crimes such as driving above the legal speed limit do not require the intention of an individual at all times.
Why Actus Reus Matters
The notion of actus reus is directly associated with an infringement that has taken place. There would be no possible way for legal systems to separate thoughts from actions. This principle is fundamental in the quest for equity and justice. Afterall, the thought of being punished just for thinking of doing something wrong is frightening, isn’t it?
Conclusion
In conclusion, actus reus can be considered the basis of all criminal law because it concentrates on those actions which contravene the rule of law. The term refers to the physical body manifestations of crimes, its conception extends from intentional and resultant actions to negligence and other forms of nonfeasance and allows to explain in what way the society’s punitive system operates against offenders of the legal norms.
However, if you are related to law or if you are just interested to know about law then you must understand the principles of actus reus. It is not about the complex Latin terms alone, rather it has to do with equity, justice and the protection of society and its people.
Frequently Asked Questions
What is actus reus in simple terms?
Actus reus translates to wanting to commit a crime in its physical form. Also, it is concerned with a conduct that constitutes the breach of a law. It should be noted that without a specific action, there is no crime that one can be liable for.
Why is actus reus important in criminal law?
This aims at ensuring that people are penalized only for their actions and not their ideas. It ensures that people do not get wrongful allegations for doing a crime where there is no evidence of an act being done. This plays an important role in equity and justice.
Can actus reus exist without mens rea?
Yes, in strict liability crimes where there is actus reus but no mens rea. Such cases only concern one specific step, for example traffic cases. But, most crimes have to establish both those criteria.
What are examples of actus reus?
Actus reus can be embodied through theft, assault, and other actions that relate to a failure to comply with a duty. For example, failure to provide food to a child by a guardian can be termed as an act of actus reus. Any physical act or omission that infringes the law can be included.
How is actus reus proven in court?
Actus reus is proven by establishment of a clear connection between the offence and the act done. This includes actions that relate to evidence of a breach: an act, an omission or a cause. This factual information is frequently supported by witness evidence and forensic findings.
References
We value truthful content. 3 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.). Actus reus - Wikipedia. Retrieved from https://en.wikipedia.org/wiki/Actus_reus
- Actus reus Definition | Legal Glossary | LexisNexis. (n.d.). Actus reus Definition | Legal Glossary | LexisNexis. Retrieved from https://www.lexisnexis.co.uk/legal/glossary/actus-reus