how do i outline the purpose of the criminal law?

Question

distingush between actus reus and mens reas

Answer 1

The main purpose of criminal law is to deter an individual/party from committing a crime, by doing this it is protecting the community and punishing the offender.

In contrast civil law is there to compensate the person who has suffered a loss, finding who is liable for the civil wrong does this.

Actus reus:
From the Latin meaning a guilty act, this is what must be proved to get a conviction in court and is essentially the action (or sometimes inaction) of committing a crime. For example, actus reus could be as simple as stealing something that doesn't belong to you. It could also be the act of being drunk at the wheel of a car.

Mens Rea, from the Latin for a guilty mind, can also occur at the same time as actus reus. It means refers to the state of mind of the accused at the time the actus reas (act of the crime) is committed. Mens rea and actus reus must exist at the same time. For example, the burglar knew they were going to deprive the rightful owner of their property before the burglary. Nearly all criminal offences require a demonstration of mens rea. Cases that don't require mens rea are known as strict liability offences.

In practice however, the civil rights of the criminal are better protected than those of his/her victim, thus we have a legal system that is geared up to letting the majority of offenders off Scott free, to protect the majority from the danger of being punished by mistake. This leads to a serious undermining of the main purpose of criminal law. So we neither deter an individual/party from committing the crime, or protecting the wider community because we release so many offenders back into it.

Answer 2

Mens rea is the 'guilty mind'

and actus reus is the 'guilty act'.

The mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act will not make a person guilty unless the mind is also guilty". Thus, in jurisdictions with due process, there must be an actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged

Answer 3

This is a big subject which would occupy a big chunk of your text book. It is expressed quite succinctly on this link.http://66.102.7.104/search?q=cache:O4kWTOAgQQIJ:en.wikibooks.org/wiki/English_Criminal_Law+english+criminal+law+actus+reus+mens+rea&hl=en&gl=us&ct=clnk&cd=3

Basically, the criminal law punishes culpable behaviour (actus reus) which has been committed as the result of a guilty intention (mens rea). There is a well known maxim: "actus non reus est nisi mens sit rea" -- the action is not guilty unless the mind is guilty. If I walk backwards and in so doing push you into the river because I don't realise you are there, then I am not criminally culpable because it never entered my mind to assault you. If, on the other hand, I am facing you and lunge towards you and push you in and you drown, then I must face the consequences of what was a deliberate act.

A person may not foresee the ultimate result of what he is doing, i.e. the mens rea may not envisage the serious consequences of his action, but if he acts with a degree of recklessness, then he is held to be as culpable as if he had intended the consequences of his action all along.

Answer 4

1

Answer 5

Hmmm.. Enjoying the course?

Your text books will guide you but in essence in a Common Law country such as the UK where the assumption is that anything not proscribed by law is legal (as opposed to the Continental Civil Law system where everything is illegal unless the Government passes a law to permit it) the purpose of ciminal law is to identify undesirable activities (such as theft) and prohibit them.

Mens rea is the mental element of a crime - the 'guilty mind' and actus reus the operative element, the 'guilty act'.

This is of couse a very basic summary but should guide you in the right direction. Happy studying.