When we discuss what constitutes a crime in criminal law, there are certain aspects that should not go unnoticed. One of them is the intent with which an individual commits the crime. The mental state—"the guilty mind" or criminal intent—mens rea are used interchangeably for the elements of a crime.
The idea is that justice doesn't declare anyone guilty of a crime. After considering various factors, components, and elements—depending on the category of the crime—the justice system declares an individual criminal or innocent. The United States criminal justice system specifies four important elements of criminal law. Before discussing them, let's first discuss the definition of a crime.
According to the legal definition of a crime, “A crime is an act or omission that violates the law and is punishable by law.”
The Black Law Dictionary defines crime as: “An act committed or omitted in violation of a public law, prohibiting or enjoining it; an infringement or violation of some public right or duty owed to the whole community.”
According to both definitions, these are the ingredients of the crime:
- An act committed
- The omission of an act
- The violation of a public right
- The violation of a public right or duty
Let's analyze the elements of a crime that constitute a crime.
Mens Rea
Mens rea basically means a guilty mind. This means that for a crime to be punishable under the law, the person must have a guilty mind. A guilty mind occurs when a person intends to commit a crime. There must be some planning involved for the act to be considered a crime. For example, if the person guilty of a crime accidentally murdered someone without intending to do so, the charge would not be murder, and they would not be called a criminal.
Actus Reus
Actus reus means "guilty act" in Latin. Of course, the law doesn't simply convict an individual on the basis of mens rea, that is, a guilty mind or intent. For a crime to be punishable under the law, the person must commit a crime or a guilty act. For example, if the person only intended to torture someone, rape someone, or traffic a human being but didn't actually commit it, the law wouldn't consider them a criminal.
Listed below are some of the most common crimes people have committed since the beginning of time:
- Rape
- Murder
- Torturing an innocent person
- Slavery
- Genocide
- Terrorism
- Human trafficking and many more
Background law
The mens rea and the actus reus must occur simultaneously. That is, if the two elements occur separately, the offense would not be classified as a crime, and the person would be acquitted by the court.
