The two fundamental aspects of a crime include the act of doing which is criminal and the intention to do it. In Latin, they are known as the actus reus and the men's rea, and no, they are not magical words. But in lots of crimes, there is no need to display criminal intention. It is for this reason, strict liability is utilized.
So what do all these terms mean? Let us find out below.
Actus reus
In Latin, this means guilty act. It is the physical element of carrying out a crime. It is usually the threat or application of unlawful force.
However, in some situations, failure or omission to act can lead to liability.
Men’s rea
It is another term in Latin, which means guilty mind. It is the mental aspect of carrying out a crime and forms the element of intent. Thus, along with actus reus, it develops criminal law’s foundation, even though offenses under strict liability have infringed this notion.
A guilty mind means wanting to do what would harm someone. The indention in criminal law differs from the motive of a person.
Strict liability
Not every crime has a means rea requirement, or the culpability threshold may minimize.
For example, it may not be adequate to prove that a defendant acted with negligence instead of recklessly or intentionally.
In offenses of absolute liability, aides from the prohibited activity might not require to display anything at all, even if usually the defendant would not be seen to be at fault.
Corporate crime
Severe injuries and torts, which happen due to a company employee’s action, have been liable to criminal sanctions in recent times.
All torts carried out by employees during their employment will result in liability to their organization even if acting outside organizational authority as long as there is a close or temporal link to work.
