Anaya Nolan
It's a common misconception that you have to intentionally break the law to be considered a criminal. In fact, the combination of the act itself and awareness that the act was wrong is what constitutes a crime. However, the role of intent in crime is an aspect of the American criminal justice system that hasn't received much attention, and it's an important and challenging question that reflects the complexities of twenty-first-century life. For example, in 2017, more than 3,000 fatalities were the result of distracted driving, which is illegal in many places. If you're unsure about the rules where you live, it's important to look them up to avoid accidentally breaking the law.
| Characteristics | Values |
|---|---|
| If you're unsure of the rules where you live or work | Look them up |
| If you're caught | You might be banned, arrested, or fined |
| If you're a minor | You'll usually appear in juvenile court |
| If there's not enough evidence | Charges are dropped |
| If you plead not guilty | The case goes to trial |
| If you watch TV without a TV licence | You're breaking the law |
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What You'll Learn
Intent and criminality
The core issue underlying the debate on accidentally breaking the law is the nexus between intent and criminality. Historically, a crime has been understood to require the combination of both the act itself, called the actus reus, and awareness that the act was wrong, or mens rea. In a 1798 case in England, jurist Lord Kenyon wrote that “it is a principle of natural justice, and of our law, that actus non facit reum nisi mens sit rea. The intent and the Act must both concur to constitute the crime”. The importance of intent was also widely understood in early American criminal law, which drew heavily on English common law.
In its June 2015 decision in Elonis v. United States, the Court explained that “When interpreting federal criminal statutes that are silent on the required mental state, we read into the statute ‘only that mens rea which is necessary to separate wrongful conduct from otherwise innocent conduct.’ What the defendant thinks, concluded the Court, “does matter”. However, the Court’s Elonis decision stopped short of specifying the level of intent required for conviction, leading Justice Alito to write in a separate opinion that the “Court’s disposition of this case is certain to cause confusion and serious problems. Attorneys and judges need to know which mental state is required for conviction under 18 U. S. C. §875(c), an important criminal statute”.
The fact that the bills were introduced at all will help spur important discussions regarding the role of intent in crime. It is an aspect of the American criminal justice system that hasn’t gotten nearly the attention it deserves, and that will generate a continuing series of important and challenging questions reflecting the growing complexities of twenty-first-century life.
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The role of intent in crime
The importance of intent in crime has been highlighted in recent legal cases, such as the 2015 Elonis v. United States case, in which the Court explained that "When interpreting federal criminal statutes that are silent on the required mental state, we read into the statute 'only that mens rea which is necessary to separate wrongful conduct from otherwise innocent conduct.'”. This means that the thoughts and intentions of the defendant are taken into account when determining their guilt.
However, the Elonis decision did not specify the level of intent required for conviction, leading to concerns about confusion and the need for clarity on the mental state required for conviction under certain criminal statutes.
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The importance of looking up local laws
It is important to look up local laws to avoid accidentally breaking the law. While the core issue underlying the debate is the nexus between intent and criminality, historically, a crime has been understood to require the combination of both the act itself, called the actus reus, and awareness that the act was wrong, or mens rea. In a 1798 case in England, jurist Lord Kenyon wrote that “it is a principle of natural justice, and of our law, that actus non facit reum nisi mens sit rea. The intent and the Act must both concur to constitute the crime”. The importance of intent was also widely understood in early American criminal law, which drew heavily on English common law. However, the Court’s Elonis decision stopped short of specifying the level of intent required for conviction, leading Justice Alito to write in a separate opinion that the “Court’s disposition of this case is certain to cause confusion and serious problems. Attorneys and judges need to know which mental state is required for conviction under 18 U. S. C. §875(c), an important criminal statute..
Therefore, it is important to be aware of the local laws and regulations to avoid any unintended consequences. The National Highway Traffic Safety Administration (NHTSA) suggests that injury accidents will affect two out of every three motorists in their lives and in 2017 alone more than 3,000 fatalities were the result of distracted driving. Laws and their enforcement vary by state and municipality. If you’re not sure what the rules are where you live or work, be sure to look them up before you engage in anything that could turn you into a lawbreaker and get you in trouble.
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The difference between wrongful and innocent conduct
If you accidentally break the law, it's important to understand the difference between wrongful and innocent conduct. While it may seem like a simple mistake, the consequences can be serious.
Historically, a crime has been understood to require both the act itself (actus reus) and awareness that the act was wrong (mens rea). This means that for an action to be considered a crime, there must be an intention to commit the act and an understanding that it is wrong. In other words, the intent and the act must concur to constitute a crime.
However, the interpretation of criminal statutes can be complex, and the required mental state for conviction is not always clear. In the 2015 case of Elonis v. United States, the Court explained that when interpreting federal criminal statutes that are silent on the required mental state, they read into the statute only the mens rea necessary to separate wrongful conduct from innocent conduct. This means that the defendant's thoughts and intentions do matter when determining whether their actions were wrongful or innocent.
To avoid accidentally breaking the law, it's important to be aware of the rules and regulations in your area. Laws and their enforcement can vary by state and municipality, so it's crucial to look them up before engaging in any potentially illegal activity. By being informed and mindful of the law, you can help ensure that you don't unintentionally commit a crime.
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The nexus between actus reus and mens rea
In the context of accidentally breaking the law, the nexus between actus reus and mens rea is critical. Actus reus refers to the act itself, while mens rea refers to the awareness that the act was wrong. In other words, it is not enough to simply commit an act; there must also be an understanding that the act was unlawful. This understanding is essential for a crime to be established.
Historically, the combination of actus reus and mens rea has been considered necessary to constitute a crime. For example, in a 1798 case in England, jurist Lord Kenyon wrote, "it is a principle of natural justice, and of our law, that actus non facit reum nisi mens sit rea. The intent and the Act must both concur to constitute the crime." This principle underscores the importance of intent in criminal law.
It is important to note that the laws and their enforcement can vary by state and municipality. Therefore, it is advisable to be aware of the specific rules and regulations in your area to avoid inadvertently breaking the law. Understanding the nexus between actus reus and mens rea can help individuals navigate legal complexities and ensure they do not unintentionally engage in criminal behaviour.
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Frequently asked questions
It depends on the situation, but generally, it's important to be aware of the laws in your state or municipality. If you're unsure, look them up before engaging in any potentially illegal activity.
Yes, historically, a crime has been understood to require both the act itself (actus reus) and awareness that the act was wrong (mens rea).
It may depend on the specific law and the jurisdiction, but generally, ignorance of the law is not a valid defence. It's important to be aware of the laws that apply to you and to seek legal advice if necessary.
Distracted driving is one example, with more than 3,000 fatalities in 2017 alone. It's important to be aware of the laws around driving and to follow them to avoid putting yourself and others at risk.
It's important to seek legal advice as soon as possible. Contact a legal professional or a legal advice service to get guidance on your specific situation.
