Understand Criminal Law in 18 Minutes (Part I)

Summary

This script delves into the fundamental concepts of criminal law, emphasizing the necessity of 'mens rea' or a guilty mind, and 'actus reus' or a criminal act, to constitute a crime. It clarifies that one must have the intent at the time of the act. The script also distinguishes between a completed crime and an attempt, requiring both intent and a significant action towards the crime without completion. It stresses the importance of intent over recklessness in criminal attempts, providing a clear and concise explanation of these legal principles.

Takeaways

• 📚 Criminal law affects everyone, but many people lack a deep understanding of its basic concepts.
• 🧠 'Mens rea', Latin for 'guilty mind', is the mental state required to commit a crime.
• 🏃‍♂️ A criminal act must be accompanied by a guilty mind at the time of the act to be considered a crime.
• 💤 Acting without a guilty mind, such as during sleepwalking, does not constitute a crime.
• 🚫 Accidental harmful actions without prior intent, like hitting someone with a car while not paying attention, are not considered murder.
• 🔍 'Actus reus' refers to the physical criminal act that must be committed to be guilty of a crime.
• 🤔 An attempt is a crime that requires both intent and a significant action towards committing the intended crime.
• 👜 Attempting a crime involves actions that show a clear intention but fall short of completing the crime, like grabbing but not taking a purse.
• 🚧 Touching a purse while contemplating theft is not enough to constitute an attempt; the action must be significant.
• 🚫 Recklessness or inattention does not qualify as an attempt; there must be a clear intent to commit the crime.

Q & A

What does the term 'mens rea' mean in the context of criminal law?

Mens rea is a Latin term for 'guilty mind' and refers to the mental state required to commit a crime. It implies that a person must have a particular state of mind when they perform a criminal act.

Why is it important to have 'mens rea' for a crime to be committed?

Having 'mens rea' is important because it ensures that a person must have the intent to commit a crime for it to be considered as such. Without the guilty mind, an act, even if harmful, may not be criminal.

Can you give an example of how 'mens rea' is demonstrated in a criminal act?

An example of 'mens rea' would be if someone plans and executes a bank robbery with the intent to steal money. The intent to commit the crime is present, demonstrating 'mens rea'.

What is the significance of 'actus reus' in criminal law?

'Actus reus' refers to the physical act or action that constitutes a crime. It is significant because a crime cannot be committed without an accompanying action.

How does the concept of an 'attempt' differ from actually committing a crime?

An 'attempt' is a crime in itself that requires both the intent to commit a crime ('mens rea') and a significant action towards committing the crime ('actus reus'), but the crime is not fully completed.

What are the two elements needed to prove an attempt has been made in criminal law?

To prove an attempt, two elements are needed: the guilty mind or intent to commit a crime, and an act that shows a genuine effort to commit the crime without completing it.

Why is it not sufficient to touch a purse while thinking about stealing it to be considered an attempt?

Simply touching a purse without any further action does not demonstrate a significant effort to commit the crime of theft. An attempt requires a more substantial action that shows a real intention to commit the crime.

Can you commit an attempt of a crime by being reckless or not paying attention?

No, an attempt requires a specific intent to commit a crime. Recklessness or inattention may lead to the commission of a crime, but not an attempt, as the intent to commit the specific crime is missing.

How does the concept of 'mens rea' apply to the difference between murder and manslaughter?

In the context of murder versus manslaughter, 'mens rea' is crucial. Murder requires a premeditated intent to kill, while manslaughter may occur without such intent, possibly due to recklessness or negligence.

What is the importance of not 'jumping the gun' when it comes to stopping an attempt?

It is important not to 'jump the gun' because an attempt requires both intent and a significant action. Intervening too early might prevent the necessary elements of an attempt from manifesting, which could affect the legal assessment of the situation.