1) Mens Rea
“guilty mind” in Latin
– It is the mental element of the criminal offense; the intention , knowledge, recklessness, or negligence behind the act.
– Mens rea is central to criminal responsibility; without mens rea an individual cannot be found guilty even if the act occurred.
– It is refered to the mental state accompanying the criminal act.
– Forensic psychiatry looks for whether a mental disorder interfered with the individual’s ability to form the mental state required for that crime.
2) Actus rea
“guilty act” in Latin
– It is refered to the physical element of a crime.
– The Action ( a voluntary bodily movement), omission (failing to act when there’s legal duty) and possession (possession of illegal items with knowledge) that causes harm and break the law.
> To establish a criminal responsibility, two elements must be physically present; mens rea and Actus rea (whether the act was truely voluntary or elsewise?)
Example ;
1) A man in a manic episode breaks into a house believing he’s a secret agent sent to rescue hostages.
Actus reus : Burglary occurred.
Mens rea : Did he intend to steal? Or did he believe he was doing something else due to delusion?
The forensic psychiatry looks into whether his mental illness has prevented him from forming the required mens rea and to which extent it has affected it.