MENS REA vs ACTUS REUS| Essentials of CRIME | What is Actus Reus? | What is Mens Rea? | IPC
HTML-код
- Опубликовано: 27 сен 2020
- MENS REA vs ACTUS REUS| Essentials of CRIME |What is Actus Reus? | What is Mens Rea? | ACTUS REUS vs. MENS REA | CrPC | IPC
Elements Of A Crime: Mens Rea And Actus Reus
#mensrea #actusreus #law #legalawareness
Most crimes consist of two broad elements: mens rea and actus reus. Mens rea means to have "a guilty mind." The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm. Actus reus literally means "guilty act," and generally refers to an overt act in furtherance of a crime. Requiring an overt act as part of a crime means that society has chosen to punish only bad deeds, not bad thoughts.
To constitute criminal behavior, the actus reus and the mens rea must occur simultaneously. For example, suppose John Doe shoots Bob Roe with the intent to kill, but misses completely. Doe later accidentally runs over Roe, resulting in Roe's death. Doe is not guilty of murder.
Different crimes require different degrees of intent. For example, to prove larceny, the prosecution must establish that the defendant intentionally took property to which he knows he is not entitled, intending to deprive the owner of possession permanently. Negligent homicide, on the other hand, involves thoughtlessness, inadvertence, or inattention in a person's duty to exercise due care toward others. A drunk driver who kills another is often charged with criminal negligent homicide.
Specific intent and general intent are other terms used to describe a person's state of mind. General intent means the intent to do something that the law prohibits; the prosecution does not need to establish that the defendant actually intended the precise result. Specific intent designates a special element above and beyond the actus reus, of the crime, and generally signifies an intentional or knowing state of mind. For example, in the case of larceny, the prosecution must establish the defendant's intent to steal the property. Statutes frequently employ terminology such as purposeful, knowing, reckless, or negligent to describe differing gradations of intent.
Intent is irrelevant in proving a strict liability crime. For a strict liability crime, a prosecutor need only prove that the forbidden act occurred. Statutory rape is a strict liability crime. Only the actus reus, a defendant's non-forcible sexual intercourse with a minor, is needed to establish criminal responsibility. The fact that a defendant might have made an honest and reasonable mistake as to the age of the victim is not a defense. Restrictions on the sale of alcohol are also strict liability offenses.
Intent on the part of the defendant is also often lacking in certain vicarious liability offenses. Vicarious liability offenses occur where a defendant's criminal liability is predicated upon the actions of another, often based upon an employer/employee relationship. For example, a bartender who serves alcohol to minors may, by his actions, make the bar owner criminally responsible. This may be true whether the bartender was acting on orders, or deliberately disobeying orders.
Check out our playlists-
CSEET -
• Meaning of Company |Wh...
Law -
• How Civil cases differ...
Case studies-
• Salomon vs. Salomon an...
Difference between Law-
• How Liquidated damages...
Connect with us-
Instagram- padhaku_log?igs...
Facebook- / padhaku-log-1010913014...
Mail id- padhakulog14@gmail.com
Watsapp-9630227777
Telegram-9630227777
About us:
Padhaku Log is a platform specially created for those students who live in remote areas and don’t have access to fancy coaching classes. A channel which wants to bring parity in knowledge level of all.
Full Difference between playlist -
ruclips.net/p/PLAxciooZTrO2s6EDBxpTAS_qlKlcDqjJG
Very easy or clear the concept,thanks ma'am
Itne samaya se ye baat samajh mai nahi aa rahi thi magar aapki video dekhne ke baad saare doubts clear ho gye
your video has helped me so much I've only 13 minutes left in my exam
Mam , AAP har baat itani aasan karke samjhate ho , difficult se difficult concept jaldi se samaj aati he... I hope AAP hame esse he videos upload karate rhenge
Waww.....u explain in easy language and with easy examples....😚
Thank you ma'am for this lovely video
Thank you so much , aapaki teaching ke bajah se hme concept asani se smjh aate he
very much informative & well explained
Very nice👍👍👍
very nice explanation mam❤❤
Tq
Very helpful
I am a law student in Pakistan. Your way of explaining is super amazing, i also watch your videos that are not related to my course. Please make more videos on Law.
Best wishes and thank you ❤️
❤️❤️❤️❤️
Thanks Madam!!
Very well explained, understood the concepts immediately.
Wow what a trick for beginners mam 😊😊😊
Thank you so much ma'am 😊
Your video helped me a lot 🙂
Short and simple to understand 🙂
Thank you ☺️
Wow concepts...easy to understand.. thank you so much 💕
Great Explanation, thank u ma'am
Very well explained ma'am.
Best teacher in the field of law ♥️
Ek Number Explain Kiya Rea ko
Thanks
Thanks fer lecture on these beautiful terms.
With Regards,
Adv.
🤗🤗
Very very very well explained ..
Thank you so much ❤️
❤️❤️
Good
You are brilliant ma'am 👏 😀 🙌 👌
Thank you so much Mam
Lot of respect from Pakistan
❤️❤️❤️very nice mam ek ek word yad ho gya apki wjh se thanks a lot ❤️
Nice
Thank you ❤
Thankss mam
Nice explanation ma'am
thankq ma'am!
Great Explanation!🙏
Made my confusion clear ❤
Thanku jiger
There are 4 things which are required to be proved in ipc Actus Reus, Mens Rea, conduct and Casuation( which is most important) casuation is the link between the conduct and the consequence of human act ( which is actús reus)
Thankyou mam
thank you mam..
Maam make more videos related to tort😊
You explained very nicely in simple words. Thanks for the video.. Keep it up
Really nice
Nuce
Superb 👍
Well explained
Thankyou so much 💓
Make more videos which will help us.
Sure❤️❤️
Excellent examples
❤️❤️
Stunning presentation 👌👍
☺️☺️
Yes
Explained well...!
Great job mam🖤💯
You explain too good make more videos
Thanks 👍
❤️❤️
Good way to explain
❤️thanku
Waoo mam 🥰🥰🥰nyc explanation
❤️❤️
NYC explain mera exam tha tort ka . Uda dala 😂
Nicely explained
CS Hariom Patidar thank u 😊
Apka voice bht acha ha😂
🙏
👏🏻👏🏻👏🏻👏🏻
Mam I have a doubt,
Why 'mens rea' is not an essential requirement for action under the law of torts?
In case of tort, its an civil Nature, this type of wrong either with wrongful intension or negligence except in case of absolute & strict liability.
Mens rea is related to criminal procedure court i.e its a liability for a criminal activity whereas torts is a civil wrong. For any act to be called as a tort it should be a wrongful act and infringement of a legal right. Injuria Sine Damnum (injury without damage) is a general condition of liability of tort. Also the legal damage should hold a legal remedy. Hope u have understood 😅
As much as I observed mujhe ek trick mila hai ye yad karne ka
Actus Reus A(action) and Mens rea M(mind) thinking in mind
Is it right ????
Actually I'm not a law student I am a business management student but I thought ki thoda knowledge mil jayega esiliye ye video dekhi
Sach me b yhi meaning h....
Huge respect from Pakistan♥️
Mam mic change kr dijiye clear voice nahi h
You explained it really well❤ but i am still wondering k jharoo se insan kesay mar jata ha …… mujay bhot jharoo par chuky hain n i am still alive ………😂😂😂😂😂😂 Love from Pakistan
Hahahhaha 🤣
Confusing Example
Respected mam.. at the end of the video please don't give long lecture on your previous or upcoming videos related details.. it feels irritating. Just tel what you have uploaded or you will upload on which topic.
Payal popli ? Yeh toh CS thi na
Abhi b CS hi hai
aunty ji aap sumjati bhot bdiya ho
Baki tho teek hai.. Magar tum ny larki ka hatho larky ko marwa kar galath kya..... Hum larky intny kamzoor naen k koe larki hum ko 2 daly
Ab apko 30% tax pay karna padega
Tq
Huge respect from Pakistan ❣️
❤️❤️