Discussion – Assignment Example
ACTUS REUS RESPONSES Amanda Best This is generally a good and useful of the meaning of actus reus and mens rea. It is important to that these are common law principles in play in more countries than just the ones listed in this discussion. Both terms are well described and the Latin translated effectively. The transferred intent part is especially useful to consider, but can be a bit confusing to understand. The final part of the description of these terms bleeds into the inchoate crime distinction. It is true that mens rea is tricky, but subjective intent to commit a crime absent an actus reus leads into inchoate crimes. Overall, a useful and interesting discussion of the subject. Excellent sources.
This lengthy description of the terms is right on the money, but may exceed the question. The discussion about capacity regarding mens rea is especially useful to help understand this confusing term. What mental conditions and capacities have to be in place for a person to have capacity to subjectively intend to commit a crime is a question that has been asked in the common law system for many years. There may be some problems with the definition of constructive intent as this is getting into the territory of recklessness and wilful blindness which are other terms of law which have very specific definitions. Judges are more likely to infer intention than to construct it. In other words they will need more evidence of the circumstances of the crime in order to determine intention.