Legal Definitions - elements of crime

The elements of crime are the essential conditions or components that a prosecutor must prove beyond a reasonable doubt to convince a jury or judge that a person has committed a specific criminal offense. If even one of these elements cannot be proven, a conviction generally cannot be secured.

While the specific elements vary for each crime, they commonly include:

• Actus Reus (The "Guilty Act"): This refers to the physical act or, in some cases, the failure to act (an omission) that is prohibited by law. It must be a voluntary action.
• Mens Rea (The "Guilty Mind"): This describes the mental state or intent of the person at the time the act was committed. This could range from specific intent (e.g., intending to kill), to knowledge (e.g., knowing property is stolen), to recklessness (e.g., disregarding a substantial risk), or negligence (e.g., failing to perceive a substantial risk).
• Causation: This establishes a direct link between the defendant's act (the actus reus) and the resulting harm or prohibited outcome. The act must have been a factual and legal cause of the harm.

Some crimes may also include additional elements, such as specific circumstances surrounding the act, or the absence of a legal justification (like self-defense).

Here are a few examples illustrating how the elements of crime apply:

• Example 1: Shoplifting

  Imagine a person, Alex, walks into a store, picks up a valuable watch, conceals it in their bag, and walks out without paying.

  • The actus reus would be Alex's physical act of taking the watch and removing it from the store's possession.
  • The mens rea would be Alex's intent to permanently deprive the store owner of the watch without paying for it.
  • The prosecution would need to prove both the physical act of taking the watch (actus reus) and Alex's specific intent to steal it (mens rea) to secure a conviction for shoplifting. If Alex could prove they accidentally put the watch in their bag and genuinely forgot to pay, the mens rea element might be missing.

• Example 2: Assault and Battery

  Consider a situation where Ben gets into an argument with Chris and intentionally punches Chris in the face, causing a bruise.

  • The actus reus would be Ben's physical act of punching Chris.
  • The mens rea would be Ben's intent to cause harmful or offensive physical contact to Chris.
  • Causation would be established by showing that Ben's punch directly resulted in Chris's bruise.
  • To convict Ben of battery, the prosecution must prove that Ben performed the physical act of punching (actus reus), that he did so with the intent to cause harm (mens rea), and that his punch directly caused Chris's injury (causation). If Ben merely stumbled and accidentally bumped Chris, the critical mens rea of intent would likely be absent.

• Example 3: Driving Under the Influence (DUI)

  Suppose Dana drives her car home after consuming several alcoholic beverages, and a police officer pulls her over and determines her blood alcohol content (BAC) is above the legal limit.

  • The actus reus would be Dana's act of operating a motor vehicle.
  • The mens rea for DUI often involves knowingly operating the vehicle while impaired, or simply operating it with a blood alcohol content above the legal limit, regardless of specific intent to be impaired. In many jurisdictions, the act of driving with an illegal BAC is sufficient, even if the driver didn't "intend" to be over the limit.
  • In this case, the prosecution would need to prove that Dana was operating the vehicle (actus reus) and that her BAC was above the legal threshold (a specific condition that fulfills the "under the influence" element, often treated as a form of mens rea or a strict liability component depending on the law). If Dana was merely a passenger, the actus reus of operating the vehicle would be missing.