When a jurisdiction like Washington, D.C., convicts someone of a crime, it must show criminal actions and intent. That means, under the law, the offender has to show physical and mental actions for criminal responsibility. However, if the defendant did not contribute to the crime or lacked the intent to commit it, they may not be held liable.
Mens rea is a Latin word for “guilty mind.” That refers to a wrongdoer’s mental situation as they commit criminal acts, while actus reus refers to the wrongdoer’s physical criminal actions. These two terms are needed to convict a criminal. To further understand the terms and it’s implications, consider speaking with criminal defense attorney David Benowitz.
Mens Rea in DC’s Criminal Law
A latin term meaning guilty mind refers to the mental state of a person when committing a criminal act. That is if the offender had thought of taking that illegal action. To prove that the offender is guilty, the prosecutor will have to submit proof of a guilty mind. The prosecutor will also have to prove that the offender is aware that their actions are unlawful.
If the prosecutor is unable to establish a strong claim on the offender’s guilty state of mind, the offender can be found wanting even if they are not aware that their actions are unlawful. For instance, a mentally unstable person charged with murder does not know if killing someone else is good or bad. So, how will that case be solved?
The best way to resolve such a case is to ensure the offender is placed in a facility that will prevent them from committing similar actions.
Types of Mens Rea
Having a guilty mind includes taking intentional actions. Here are four kinds of mens rea under the law:
- Intent: That means the offender knows that the intended act is an offense
- Purpose: When an offender intentionally engages in criminal activities
- Recklessness: This refers to disregarding possible risks resulting from unlawful actions
- Negligence: When an offender is negligent of an unjustifiable and substantial risk of resulting in illegal actions
Actus Reus Criminal Elements
This defines the external or apparent elements of a crime, which include committing the crime, an omission of the crime, or being in possession of an illegal substance or tool. Therefore, to determine criminal responsibility, the prosecutor has to prove the offender’s physical act, that is, the actus reus, and their state of mind, the mens rea, during the criminal act.
Let us take, for example, a robbery scene. When the offender takes, and in this case, force is used, what does not belong to them under the law is actus reus. On the other hand, before the act, if the offender thinks in his mind that they will rob someone that day, that is mens rea.
However, different actus reus strategies are needed to prove criminal acts and are dependent on the offense.
The Relationship between Mens Rea and Actus Reus
Any criminal element rests on mens rea and actus reus being present. However, if they are absent, it can result in a defense at odds with criminal charges. The following are ways these elements need to be proven:
- Strict liability felony: This includes regulatory crimes, such as traffic violations, which focus on preventing dangerous acts, irrespective of the defendant’s intentions
- Mistake of fact: It is a genuine error about a vital component of an offense, which can invalidate mens rea. For instance, if anyone believes that the equipment they took was abandoned by its owner, they may not be found guilty of theft.
Conclusion
Washington, D.C., is known for its equitable and fair criminal justice system, which is based on efficient proof of the actus reus and mens rea before someone is charged with or acquitted of their crimes. If you find yourself being charged with an offense, ensure you have a DC attorney by your side to help you through the entire process.