Criminal Law

1. Elements of crime
An act does not make a person legally guilty unless the mind
is legally blameworthy
a. Actus reus: The conduct or action of the accused which
produces the forbidden act
b. Mens rea: A blameworthy state of mind
Strict liability: Liable to punishment without mens rea
2. Actus reus
- Types of crimes:
a. Conduct crimes
i. The accused has done something prohibited by
the law. No results.
ii. E.g: Possession of drugs, reckless driving
b. Result crimes
i. The conduct causes a prohibited result, but the
conduct may or may not be a prohibited act
ii. E.g. Manslaughter, murder
- Actus reus includes circumstances
o E.g. Theft only if it belongs to someone, no theft if the
property was abandoned
- Actus reus must be proved
o Even if mens rea exists
o E.g. B believes he is stealing from A, but the property
belongs to no one = Not guilty
- Omission
o A person is legally bound to do what it is illegal for him
to omit
o E.g. Police officer convicted for failing to protect a citizen
from being kicked to death
o