Understand Criminal Law in 18 Minutes (Part I)

animateeducate

26 Aug 201203:20

Summary

TLDRThis 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.

Outlines

00:00

📚 Understanding Criminal Law Basics

This paragraph introduces the basics of criminal law, emphasizing that while it affects everyone, many are not well-versed in its intricacies. It clarifies that the information provided is for general understanding and not legal advice. The paragraph delves into two fundamental elements of a crime: 'mens rea', which translates to 'guilty mind' and signifies the necessary mental state during the commission of a crime, and 'actus reus', meaning a criminal act, which is the physical action required to constitute a crime. The paragraph uses examples to illustrate these concepts, such as the difference between sleepwalking and intentional bank robbery, and the distinction between attempting to commit a crime and actually committing it. It also discusses the concept of an attempt, which requires both a guilty mind and a significant act towards the crime, without completing it.

Mindmap

Keywords

💡mens rea

Mens rea is a Latin term meaning 'guilty mind.' It refers to the mental state that a person must have at the time of committing a crime. In the video, it is described as a fundamental element of a crime, where one must act with a guilty mind. For instance, if someone is sleepwalking and commits a bank robbery, they do not have mens rea because they are not conscious of their actions, and thus, they have not committed a crime.

💡actus reus

Actus reus translates to 'criminal act' and denotes the physical action or conduct that constitutes a crime. The video emphasizes that one cannot commit a crime without an action, making actus reus a necessary component alongside mens rea. An example given is that merely intending to commit a crime is not enough; there must be an overt act demonstrating the intent to commit the crime.

💡attempt

An attempt refers to a crime that requires both the intent to commit a specific crime (mens rea) and an act towards its commission. The video explains that an attempt is not the full crime but a significant step towards it. For example, reaching for a purse with the intent to steal it but not actually taking it could be considered an attempt at robbery, as it shows the intent and a direct action towards the crime.

💡guilty mind

The 'guilty mind' is a concept closely tied to mens rea, indicating the intention or knowledge of wrongdoing when committing an act. The video uses this term to illustrate that one must have the guilty mind at the exact time of the criminal act. It is contrasted with situations where one might have a bad act but not the guilty mind, such as accidentally causing harm while not paying attention.

💡criminal act

A 'criminal act' is the physical behavior that constitutes a crime, as explained in the context of actus reus. The video clarifies that without an act, there can be no crime, and the act must be significant enough to demonstrate the intent behind it. It is used to distinguish between a completed crime and an attempt.

💡intent

Intent is a critical aspect of both mens rea and the concept of an attempt. The video explains that one must have the intent to commit a crime for it to be considered an attempt. It is used to differentiate between an accidental act and a deliberate attempt to commit a crime, such as the example of hitting someone with a car while not paying attention versus intentionally trying to harm them.

💡reckless

Recklessness is mentioned in the video to contrast with intent. It refers to the state of not exercising reasonable care or failing to perceive a risk. The video clarifies that one cannot commit an attempt by being reckless, as intent is a necessary component. For example, recklessly causing harm might lead to manslaughter, but it does not constitute an attempt to commit manslaughter without the intent to harm.

💡manslaughter

Manslaughter is used in the video to illustrate the difference between committing a crime recklessly and attempting a crime. It is defined as the unlawful killing of another person without malice aforethought, which means without premeditation or intent to kill. The video points out that while one can commit manslaughter recklessly, one cannot attempt it recklessly because an attempt requires intent.

💡pursuit of crime

The 'pursuit of crime' is not explicitly mentioned but is implied in the discussion of attempts. It refers to the actions taken by an individual leading up to the commission of a crime. The video uses the example of attempting to grab a purse to illustrate that the act must be significant enough to show the intent to commit the crime, which is part of the pursuit.

💡significant act

A 'significant act' is a term used in the context of attempts, where the act must be substantial enough to demonstrate the intent to commit the crime. The video explains that merely thinking about a crime is not enough; there must be a physical action that shows a real attempt, such as actually reaching for a purse versus just thinking about it.

Highlights

Criminal law affects everyone, yet many are unfamiliar with its basics.

Mens rea, or 'guilty mind', is a crucial element of committing a crime.

A guilty mind must be present at the time of the criminal act.

Sleepwalking as an example of lacking a guilty mind during a criminal act.

Actus reus refers to the physical criminal act that must accompany mens rea.

An attempt is a crime that requires intent and a significant act towards committing the crime.

The difference between an attempt and the completed crime is the key.

Examples of what constitutes an attempt versus a completed crime.

Intent is necessary for an attempt; recklessness is not enough.

Recklessness can lead to crimes like manslaughter but not an attempted manslaughter.

The importance of distinguishing between an attempt and the actual crime.

An overview of the basic concepts of criminal law to help understand its framework.

The necessity of both mens rea and actus reus for a crime to be committed.

The concept that a crime requires a guilty mind at the time of the act.

The explanation of actus reus as the physical action constituting a crime.

The definition and requirements of an attempt in criminal law.

The significance of the distinction between an attempt and the completion of a crime.

The requirement of intent for an attempt crime, contrasting with recklessness.

The clarification that recklessness alone cannot constitute an attempt crime.

The final summary of the basic elements needed for an attempt crime.