Attorney David Serna: What Is Actus Reus?
Attorney David Serna believes that every lawyer must remember that the state should only punish offenders for the guilty acts they actually commit. Both elements: actus reus and mens rea must be present before a judge can impose appropriate punishment. It is why lawyers should always go back to the basics. Actus reus, sometimes called the crime’s external element, is the Latin term for “guilty act.” Attorney David Serna believes that lawyers must always consider two parts of a crime: mental and physical intent. You can define actus reus as a criminal act resulting from an offender’s voluntary bodily movement. It describes the physical activity that causes damage to a person’s property or harm to another person. Attorney David Serna reminds his fellow lawyers that anything from the destruction of public property to murder or physical assault will qualify as an actus reus. Actus reus can produce criminal liability when proven beyond a reasonable doubt in combination ...