Cecily Zamora
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. state laws. The elements of a crime at common law are the factors that must be present for an individual to have committed a crime and for that individual to be held liable. In the United States, all crimes can be broken down into different elements, and these elements must be proven in a court of law beyond a reasonable doubt for the defendant to be convicted. The three essential elements are a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements.
| Characteristics | Values |
|---|---|
| Act or conduct | Actus reus (a voluntary act or omission) |
| Mental state | Mens rea (criminal intent or mental state) |
| Causation | Proximate causation or but-for causation |
| Concurrence | Actus reus and mens rea must occur simultaneously |
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What You'll Learn
Actus reus: the criminal act must be voluntary
Actus reus, or the criminal act, is one of the key elements of a common-law crime. It refers to the physical act of committing a crime, which must be voluntary and intentional. This means that the defendant must have made a conscious and volitional movement, and the act cannot be a reflex or an unconscious movement. For example, if a thief shoves a gun into a victim's side and demands money, the shoving of the gun is the actus reus.
The actus reus must be present for a charge to move forward and is an essential component of criminal liability. It is important to note that a failure to act, or omission, can also satisfy the actus reus element and lead to criminal liability. However, this depends on the existence of a legal duty to act, which can arise from a special relationship between the defendant and the victim, or be imposed by law or contract.
In some cases, a defendant may be criminally liable for an omission even without a legal duty to act, if their voluntary undertaking to aid the victim worsens the situation. On the other hand, a defendant cannot be held criminally liable for an omission based solely on a moral obligation to act. This distinction is crucial, as it ensures that individuals are not punished for their thoughts or intentions but rather for their voluntary and conscious actions or omissions that have legal consequences.
The actus reus component of a crime can vary depending on the specific crime and the jurisdiction where the defendant is being prosecuted. For example, burglary in Illinois includes the unlawful entry or remaining in a building without authority, with the intent to commit a felony or theft. Thus, the actus reus element in this case would be satisfied by proving the physical act of unlawful entry or remaining in the building.
In summary, the actus reus element of a common-law crime refers to the voluntary and intentional physical act of committing the crime. This element is essential for criminal liability and can include both affirmative acts and omissions, depending on the specific circumstances and the existence of a legal duty to act.
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Mens rea: the mental state of the perpetrator
Mens rea, or the mental state of the perpetrator, is the second element of a crime at common law. Mens rea refers to the mental intent behind an act or omission that must be proven beyond reasonable doubt for it to constitute a crime. The theory of mens rea dictates that a defendant can only be held culpable when there is criminal intent.
The level of intent required can differ depending on the type of offence being considered. For general intent crimes, it is necessary to prove that the accused intended to do the act, whereas specific intent crimes require knowledge of facts that make their conduct criminal. Intentional behaviour indicates that someone has consciously desired a certain outcome from their actions and intended to cause it.
The Model Penal Code (MPC) has attempted to clarify the concept of mens rea by reducing the variety of mental states to four: "purposely", "knowingly", "recklessly", or, more rarely, "negligently". These terms correspond to those used in Anglo-American courts and continental European legal theory. Most legal systems recognise the importance of the guilty mind, but the statutes have not always spelled out exactly what is meant by this concept.
In some cases, intoxication can be pleaded as a defence to crimes that require a specific mental state. For example, in West Germany, a person who engages in criminal conduct but is unaware of its criminality cannot be fully charged with a criminal offence. Similarly, the Model Penal Code would allow a defence of a mistake of law, but this would rarely include a mistake regarding the existence or meaning of the law defining the crime itself.
It is important to note that the specific elements of a crime, including the mens rea requirement, can vary depending on the crime and jurisdiction.
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Causation: the act caused the effect
Causation is one of the fundamental elements of a crime at common law. It refers to the link between the act and the effect, i.e., whether the act committed by the defendant clearly caused the effect. Causation is typically established through either proximate causation or but-for causation.
The "but-for" test is a simple test to determine causation. It asks, "But for the defendant's actions, would the effect still have happened?". If the answer is no, then the defendant's actions are considered the cause of the effect. This test is used to determine whether an act directly caused harm.
For example, let's consider a scenario where a defendant is charged with murder. The prosecution must prove beyond a reasonable doubt that the defendant's actions caused the death of the victim. The "but-for" test would be applied to determine if the victim would still be alive but for the defendant's actions. If the answer is no, then the defendant's actions are considered the proximate cause of the victim's death.
It's important to note that causation is separate from the act itself (actus reus) and the mental state or intent (mens rea) of the defendant. While actus reus and mens rea are necessary for a crime, causation establishes the connection between the act and the resulting harm or effect.
In some cases, the concept of transferred malice may come into play. Transferred malice allows for liability to extend beyond the perpetrator when they have caused harm intentionally or recklessly. This means that even if the harm caused was not directly to the intended victim, the defendant can still be held responsible for their actions.
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Concurrence: actus reus and mens rea must occur together
Concurrence is a key element of criminal law, referring to the simultaneous occurrence of actus reus (the criminal act) and mens rea (the criminal intent). This coexistence is essential for establishing criminal liability.
Actus reus, or "guilty act" in Latin, refers to the physical action required for a crime. It must be voluntary, intentional, and unlawful. For instance, if someone's arm is raised by the wind, causing them to strike something, it cannot be considered actus reus. The act must be under the defendant's control, and reflexive actions may not be considered criminal acts.
Mens rea, or "guilty mind," refers to the mental intent or state behind the act. It encompasses the individual's thoughts, knowledge, and awareness at the time of the act. Mens rea can include intentionality, recklessness, or negligence. The specific level of intent required varies depending on the type of offense. For general intent crimes, the prosecution must prove that the accused intended to commit the act. In contrast, specific intent crimes require knowledge of facts that make the conduct criminal. For example, conspiracy requires the conspirator's awareness and willing participation.
The concurrence of actus reus and mens rea ensures that the defendant's actions are not only unlawful but also carried out with criminal intent. This distinction is crucial, as it separates wrongful from innocent conduct. Without concurrence, there can be no criminal liability, and the burden of proof falls short.
In conclusion, concurrence is a fundamental principle in criminal law, requiring the simultaneous presence of actus reus and mens rea. This ensures that the defendant's actions are both voluntary and intentional, meeting the necessary criteria to establish criminal liability.
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Defences: e.g. failure of proof, mistake, self-defence
There are several defences that an individual can use to justify their actions when accused of a crime. These defences are legal strategies used by defendants to contest charges and establish their innocence or reduce their liability. The applicability of a defence may vary based on jurisdiction, so it is important to consider local laws. Here are some common defences:
Failure of Proof
The defendant may attempt to poke holes in the prosecutor's case or present evidence that undermines the prosecutor's claims. The defendant can also introduce evidence or expert testimony to demonstrate their innocence.
Mistake
Mistake of law applies when a criminal defendant believed their actions were lawful. This defence is only applicable in very limited circumstances. Mistake of fact occurs when the defendant makes a fundamental mistake that negates an element of the crime. For example, a defendant charged with larceny may argue that they mistakenly believed the victim had given them the property.
Self-Defence
Self-defence is a commonly used legal defence for offences such as battery, assault, and even murder. It applies when the defendant claims they acted to protect themselves or others from imminent danger. To use this defence, the defendant must prove that they were in danger and that their actions were necessary and proportionate to the threat.
Duress
Duress applies when a defendant commits a crime under threat of harm or coercion. The defendant argues that they were forced to break the law out of fear and did not willingly participate in criminal conduct.
Insanity
The insanity defence asserts that the defendant suffered from a mental disorder at the time of the offence, causing them to be unable to understand the nature of their actions or control their behaviour. This defence is often challenging to prove and may result in treatment in a mental hospital rather than criminal punishment.
Constitutional Violation
This defence asserts that the defendant's constitutional rights were violated during their arrest or charging, such as not being informed of their Miranda Rights.
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