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Can u ppl give me one example for "act", one example for "acts", one example for "surrounding circumstances" and one example for "consequences".

2007-03-11 22:18:04 · 3 answers · asked by nurjahan_khan 1 in Politics & Government Law & Ethics

3 answers

Actus Reus means the action of the crime.

So, for murder, that's causing someone's death. For burglary, that's breaking and entering.

The circumstances are environmental or situational factors, such as when or where the crime was committed. For example, in old common law, it was only burglary if you broke and entered at night, not during the day.

Consequences refer to the results of the action, independent of the intent or the action itself. Off the top of my head, the only common law crime I can think of that has a consequence as an element is arson. The fire that was intentionally set must cause physical damage (at least charring). Mere smoke damage is not enough. That required result is an element that is independent of the action and intent of setting the fire.

2007-03-11 22:22:34 · answer #1 · answered by coragryph 7 · 0 0

There are generally two parts of a crime (most crimes).

1. The intent to commit the act, or the Mens (mind's) Reas. For example the prosecution has to prove beyond a resasonable doubt the requisite intent for the crime charged in order for the jury to deliver a guilty plea. For First Degree Murder, for example, one of the requisite mens reas might be murder aforethought; deliberate planning, predmeditation prior to commiting the act of the crime.

2. The actual commiting of the act is the Actus Reas.

In murder, there has to be an actual homicide committed (the act) by the defendant. If the victim does not die, the defendant cannot be convicted of murder.

However, if the defendant tortures the victim, and the victim dies as a result (depraved heart murder), this defendant can also be charged with murder because the Common Law provides that intending to and torturing a victim with the consequence of murder, though the murder is not premeditated, should be be enough to satisfy both the Actus and Mens Reas necessary to prove murder.

Also, the Common Law provides for Felony Murder.

For example, if a bank robber accidentally kills an innocent, or even his accomplis, during the commishion of a felony, the intent to commit the felony and the act of commiting the felony is transfered to the necessary Mens and Actus Reas needed to prove murder.

Lastly, the Common Law provides that if someone commits an act in which there is a high probability someone will de killed as a result, then an intent to do such act, as well as the act, shall serve as the Mens and Actus Reas for murder. An example would be shooting a rifle in a crowded apartment complex in the city.

2007-03-12 06:00:44 · answer #2 · answered by MenifeeManiac 7 · 0 0

I hit you -- actus reus.
The surrounding circumstances were that you provoked me beyond measure.
The consequences were that you turned out to be very vulnerable (with an egg-shell skull, no less) and died as a result.

2007-03-12 05:23:18 · answer #3 · answered by Doethineb 7 · 0 0

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