What is the actus reus, mens rea, and concurrence?
The authorities were called to the farmers market in Springfield last Saturday morning. A car had swerved off the road directly into the farmer s market, leaving 5 people dead and 10 injured. Caleb Noll was arrested at the scene.
An investigation revealed the following facts:
Caleb Noll was driving his ford Explorer on his way to the farmer s market.
While driving, Caleb suffered a stroke.
Caleb was not aware that he had any medical problems or that he was at risk for a stroke.
While he was suffering from the stroke, he was unable to control his vehicle. His car ran off the road right into the farmers market.
What is the Actus Reus, Mens Rea, and the Concurrence? Not all elements may be present.
Noun: actus reus
action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused.
noun: mens rea
the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime; except in crimes of strict liability. In theory, if the actus reus does not hold concurrence in point of time with the mens rea then no crime has been committed.
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