The Criminal Mind. ACTUS REUS MENS REA ACT = ACTION A crime includes a criminal act or ‘some form’ of criminal action. MEN = MENTAL = THE MIND In order.

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Presentation transcript:

The Criminal Mind

ACTUS REUS MENS REA ACT = ACTION A crime includes a criminal act or ‘some form’ of criminal action. MEN = MENTAL = THE MIND In order for a crime to be committed there must be evidence of a guilty mind capable of committing a crime.

The Guilty Mind actus reus mens rea Both actus reus and mens rea must be present at (or around) the same time, for a crime to be committed…what does this mean? motiveintent Mens Rea >>> what is the difference between “motive” and “intent”? recklessness intent Mens Rea >>> Provide another example (not on Pg. 110) of a crime including recklessness, but not intent…

Motive Motive is the reasoning behind an act. Motive is the reasoning behind an act. – It does not assume guilt

Intent Intent is the actual meaning behind an act. Intent is the actual meaning behind an act. – General or Specific Limited to a single act Further criminal purpose

Recklessness Recklessness is the ability to know the meaning behind an act, but failing to stop. Recklessness is the ability to know the meaning behind an act, but failing to stop.

Criminal Acts All About Law it is a crime for parents to withhold the necessities of life from their children On Pg. 108 of All About Law it states “ it is a crime for parents to withhold the necessities of life from their children… ” How is that actus reus? You’re not ‘acting’

R. v. Molodowic (Pg. 109) Were actus reus/mens reas present (your opinion)? Explain. Why do you think the Supreme Court of Canada allowed the appeal? Should mental illness be used as a reason to nullify criminal responsibility? Explain your opinion.

R. v. Wilson (Pg. 111) Is there intent or recklessness in this case? Explain. Court of Appeal What contradiction is the Court of Appeal referring to in the trial decision? What mistake did the arresting officer make? Which verdict did you support? Use facts.

R. v. Memarzadeh (Pg. 111) Identify the actus reus in this case. Did mens rea exist here? Explain. With which decision do you agree, the trial court decision or the appeal court decision? Explain your answer.