Two Main Crime Elements: Mens Rea and Actus Reus

Two Main Crime Elements: Mens Rea and Actus Reus
- Elements of crime: requirements that the prosecution must satisfy to prove D is guilty.
o Mens rea: the wrongful mind. Most crim statutes require mental fault on part of Ds,
criminal state of mind, malice aforethought, intent, etc...
o Actus reus: the physical elements of the wrongful act, including all physical elements
of the crime, not just D’s act (ex. cocaine possession: it’s not just possession of a
powder, but what that powder is). May include all required circumstances, results,
and causation. May be a positive act or failure to act where there’s a duty to do so.
- United States v. Zandi (US COA 4th Cir, 1985): two bros got a receipt and carrier’s certificate for
a “box of presents,” for which they’d sent $3K to a bro abroad, which was searched and found to
be opium before they got it. Held that there was sufficient evidence of constructive possession
due to their actual possession of the shipping documents. Rule: Possession may be either actual
or constructive, and the latter exists when D exercises or has the power to exercise dominion and
control over the item. This can be proven by circumstantial evidence as long as any rational trier
of fact could have found the existence of the elements (including knowledge) BARD.
- See “Possession” for constructive possession defined.
Proof Beyond a Reasonable Doubt (BARD):
- Knowledge: mere reasonable or substantial certainty (influenced by burden of proof in crim
cases).
- The burden of proof in civil cases is usually “by a preponderance of the evidence” (51%, more
likely than not) v. crim cases where it’s “proof beyond a reasonable doubt,” b/c those crimes