Components of Corpus Delicti
The following are the two essential components of corpus delicti:
1. Actus Reus
The legal word Actus Reus means ‘guilty act’. The prosecution must prove that a criminal act as that term is defined by the particular law was committed. Actus reus is broken down as follows:
- Specific Crime: The components of a specific crime must be proven by the prosecution. For instance, they must prove that property was stolen without the owner’s knowledge or agreement and that the goal was to permanently deprive them of it in a theft case.
- Voluntariness: For an act to be considered voluntary, the defendant must have done it on purpose. Behavior brought about by mishap, force, or mental incompetence may not meet this criteria.
- Causation: The defendant’s actions and the harm they cause must be related in some way. For example, the act of inadvertently bumping into someone else and causing them to fall and break an arm would not satisfy the actus reus for assault.
2.. Mens Rea
Mens Rea is a Latin phrase meaning ‘guilty mind’. Mens rea is the term used to describe the defendant’s mental state at the time of the crime, although it is not necessary to prove corpus delicti (depending on the jurisdiction). There are several degrees of mens rea, including:
- Intent: The offender has a deliberate desire to carry out the offense.
- Knowledge: The accused was aware that their activities would probably lead to a criminal charge.
- Recklessness: The accused ignored a significant and unreasonable danger that their activities would lead to the offense.
- Negligence: In the given situation, the accused failed to utilize the degree of caution that a prudent person would have.
3. Concurrence
This describes the connection or relationship between the mental condition (mens rea) and the criminal conduct (actus reus). The prosecution must demonstrate beyond a reasonable doubt that the criminal act was committed with the necessary criminal intent in order to get a conviction.