Mens Rea and Actus Reus: Examining the Elements of a Crime

Before an accused individual can be convicted of a crime, prosecution in Minnesota must show two important elements of the crime: intent and actions. There are several elements of crime, including mens rea, which is the legal term for criminal intent, and actus reus, meaning criminal action. In this article, we will examine these two elements of crime, their meaning, and their types.

Mens Rea: Definition

Mens rea is the Latin translation for “guilty mind,” referring to the accused’s criminal state of mind. For a Minnesota judge to rule an accused guilty of a crime, the prosecutor has to prove the defendant’s criminal intent. That is, they must prove that the defendant intended to commit the crime to prove their guilt. To help you in this, speak to attorney Omeed Berenjian of BK Law Group.

However, to prove a criminal state of mind means proving that the defendant knowingly committed the act. They knew the conduct was illegal and committed it anyway, in which case they will be held responsible for it.

Mens Rea: Types

The different types of mens rea are based on the understanding that a guilty mind is not limited to intentional conduct. As such, this element is divided into four types based on Minnesota’s criminal law, namely:

Purposely: the defendant intentionally and consciously engaged in a crime
Knowingly: the defendant knows just how criminal in nature the conduct was before engaging in it
Recklessly: the defendant gave no regard to the unjustifiable risk of their illegal actions or their effects
Negligently: the defendant ought to be aware of the risk of an illegal act or consequence

Actus Reus: Definition

Actus reus, meaning “guilty act,” is a voluntary act or omission for a crime. It refers to the voluntary, intentional, and unlawful physical action required for the execution of a crime. For the accused to be liable for this crime, actus reus must be connected to the result of the crime.

On the other hand, the crime of omission means the defendant failed to act when they were legally supposed to. For instance, a driver operating a vehicle while impaired is voluntary while refusing to stop at a red light is a criminal omission.

Actus Reus: Types

Under actus reus, the defendant does not have to actually commit a crime to be considered guilty. This is where “inchoate crime” comes in, referring to offenses that require preparation. The different types of actus reus include attempted crime, solicitation, conspiracy to commit a crime, and accomplice.

Attempted crime: An individual trying to burgle an apartment but was unable to deactivate the alarm can be classified as an attempted burglary. In Minnesota, attempted burglary carries the same penalties as actual burglary.
Solicitation: An individual asks someone else to commit a crime, for instance, asking someone to transport illegal drugs across the border. While that may not be drug trafficking, it can be tried as solicitation as drug trafficking.
Conspiracy: In this case, at least two people mutually agree and intend to commit a crime, and at least one carries it out. Even if one backs out before the crime was committed, they can still be tried for conspiracy.
Accomplice: This refers to when a person aids and abets someone else to engage in an unlawful act. Encouraging someone to commit a crime makes one an accomplice, and the accomplice can be charged likewise.

Conclusion

In any criminal case, the prosecution must establish every element of the crime beyond a reasonable doubt. This means proving that the defendant committed the act with the necessary intent or awareness of its criminal nature. Without this proof, the court cannot legally hold someone responsible for an act they did not understand to be illegal.

This principle is particularly relevant in cases involving the insanity defense. A defendant can argue that, due to a severe mental disorder or defect, they lacked the capacity to understand the wrongfulness of their actions at the time of the offense. If successful, this defense can result in acquittal or alternative sentencing, such as commitment to a mental health facility rather than prison.