James has been watching the owner of the small convenience shop for a few days and knew the owner always leaves by 11 pm. James broke in and stole all the money in the register.
James gets arrested
While on patrol, Officer Smith noticed James coming out of the shop and grows suspicious after seeing the shop is closed and the lights were off.
The sentencing of James
Officer Smith calls out to James and asks him why he was in the shop when it is closed. James became nervous and made the statement "I just need cash for tonight to pay my dealer."
Backdown of the Sentencing
But why was James convicted?
Officer Smiths searches James for weapons and finds tools, gloves, a flashlight, a mask, and money.
Actus Reus: The Guilty Act
Officer Smiths places James under arrest and puts him in the back of his patrol unit after his investigation.
James gets charged with burglary and is sentenced to 4 years in state prison.
There are 3 elements needed to establish criminal liberty or to prove that a defendant is guilty of breaking the law.
The first element is Actus Reus and it refers to a voluntary unlawful act that results in criminal harm. James committed an unlawful act by stealing money from the shop's register.
Actus Reus
Actus Reus
Mens Rea
Combine!
America’s Courts and the Criminal JusticeSystem, Thirteenth EditionDavid W. Neubauer, Ph.D., andHenry F. Fradella, J.D., Ph.D.“Criminal Law.” Legal Information Institute, https://www.law.cornell.edu/wex/criminal_law#:~:text=Elements%20of%20a%20Crime&text=In%20general%2C%20every%20crime%20involves,but%2Dfor%20causation%22). Sarch, Alex F. “Knowledge, Recklessness and the Connection Requirement between Actus Reus and Mens Rea.” SSRN Electronic Journal, 2014, https://doi.org/10.2139/ssrn.2537591.
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