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W2 Elements of a Crime

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Q The following discussion comes from your week 2 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide. At trial, a prosecutor must prove mens rea but does not have to prove motive in order to be successful in a prosecution. Unlike mens rea, motive is not an element of crimes. Mens rea and Actus rea are needed for a crime to be established. Answer the following questions: 1) Distinguish the difference between mens rea and actus rea. 2) What role do you think motive should play in criminal cases? Explain your answer. 3) How do you think having to prove mens rea instead of motive has affected the criminal justice system?

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Mens rea and actus reus are two integral parts of crime and they are considered as most important while deciding an act as either an accident or crime. Mens rea and actus reus are Latin terms which are used to describe the criminal behavior. Mens rea is the “criminal intent” or the mental state which is required in order to commit a crime and actus reus is the actions which have been taken in order to commit a crime. These two are important to describe the “general intent” as well (Storm, 2021). Storm (2021) further noted that “Intent is a notoriously difficult element to prove because it is locked inside the defendant’s mind” and these two terms are used to understand that.