Lesson 5: Actus Reus: The Physical Act

Welcome to Lesson 5 of our series on Exploring Criminal Law. In this lesson, we will delve into Actus Reus, which refers to the physical act or unlawful omission that constitutes a criminal offense. Grab your gavel and let's get cracking!

Definition of Actus Reus

Actus Reus is a Latin term that translates to “guilty act.” It is the physical element of committing a crime, as opposed to the mental element (Mens Rea). For a person to be found guilty of most crimes, both Actus Reus and Mens Rea must typically be proven. For more on Mens Rea, stay tuned for our next lesson.

Elements of Actus Reus

Actus Reus consists of three main elements:

  • A voluntary act or omission
  • That causes
  • A social harm

The following diagram illustrates the relationship between these elements:

graph TD A["Voluntary Act/Omission"] --> B["Causes"] --> C["Social Harm"]

Voluntary Act or Omission

For an act to be considered criminal, it must be voluntary. Involuntary actions, such as those conducted under duress or while unconscious, are generally not considered criminal. Similarly, an omission, or failure to act, can constitute Actus Reus if there is a legal duty to act.

Causation

Causation entails establishing a direct link between the act and the resulting harm. In criminal law, two types of causation need to be proven:

  • Factual Causation: The "but-for" test, which asks whether the harm would have occurred "but for" the defendant's actions.
  • Legal (Proximate) Causation: Whether the harm was a foreseeable result of the defendant's actions.

Social Harm

The final element of Actus Reus is the social harm caused by the act. This can include harm to individuals, property, or society as a whole. The degree of harm varies based on the nature of the crime.

Here is a flowchart that summarizes the process of establishing Actus Reus:

flowchart TD Start["Start"] Start --> Voluntary["Voluntary Act or Omission"] Voluntary --> Causation["Causation"] Causation --> Harm["Social Harm"] Harm --> End["Actus Reus Established"]

Examples of Actus Reus

Let’s look at a few examples to better understand Actus Reus:

  • Theft: The act of taking someone else’s property without permission.
  • Assault: The act of causing physical harm or threatening to cause harm to another person.
  • Negligence: Failing to act, such as not providing care to a dependent when legally required.

For further exploration of crimes and their elements, be sure to review our lesson on Elements of a Crime.

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