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Criminal charges

actus reus and mens rea

Actus reus is the act—or the omission or failure to act when there is a duty to act—that comprises the physical elements of the commission of a crime. The actus reus generally must be voluntary bodily movements that constitute a crime.
In contrast, mens rea (meaning “guilty mind”) is the criminal intent element of a crime. It is the intent to commit a crime, or the knowledge that the action, or failure to act when there is a duty to act, will result in the commission of a crime.

In Tennessee, as in other jurisdictions, the concept of actus reus requires that a defendant must have engaged in a voluntary act, or an omission when there is a legal duty to act, that constitutes the physical element of a crime. This means that the individual's actions or inactions must be deliberate and lead to the commission of a crime. For instance, pushing someone, resulting in injury, could be an actus reus if it is done voluntarily. On the other hand, mens rea refers to the mental state of the defendant at the time of the crime. Tennessee law recognizes various levels of mens rea, including intentional, knowing, reckless, and negligent actions, depending on the specific crime. To secure a conviction, the prosecution typically must prove both the actus reus and the appropriate level of mens rea, showing that the defendant not only committed the act but also had the requisite criminal intent or knowledge.

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Criminal charges

actus reus and mens rea

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Criminal charges

actus reus and mens rea