Legal Question in Criminal Law in Colorado
Actus reus and mensrea
It is a principle of criminal law that, for some one to be liable of an offence, Actus reus and Mens rea must coincide. Discuss.
Asked on 11/08/02, 3:19 am
1 Answer from Attorneys
Richard B. Huttner
Richard B. Huttner, P.C.
Re: Actus reus and mensrea
The Actus reus is the physical act or omission required for criminal culpability. The mens rea is the mental state that must accompany the physical act. A mens rea is required in all crimes except strict liability offenses. Mens rea of knowingly, recklessly and negligently have different levels of proof and different crimes require different levels of mens rea before they are crimes. All crimes except strict liability crimes require both the actus reus and mens rea to be found guilty.
Answered on 11/11/02, 10:30 am
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