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 with the mens rea. The court should prove that the defendant made a physical and voluntary action for the actus reus element to be present. Attorney David Serna believes that if prosecutors want to establish the principle of actus reus, they must prove that the defendant was consciously and intentionally responsible for an offense against criminal law. One cannot establish actus rea if they base an arrest and criminal charge on the individual’s status or illness. For example, law enforcement officials cannot arrest a drug addict and charge them with a drug offense because being an addict is a status, not a physical action.

 

Additionally, one cannot satisfy the principle of actus reus with criminal thoughts. Attorney David Serna reminds that actus reus always involves a physical action that is voluntary. Criminal thoughts do not harm others in any way and do not lead to criminal liability if there is no accompanied action.