The following discussion comes from your week 2 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide.
At trial, a prosecutor must prove mens rea but does not have to prove motive in order to be successful in a prosecution. Unlike mens rea, motive is not an element of crimes. Mens rea and Actus rea are needed for a crime to be established.
Answer the following questions:
1) Distinguish the difference between mens rea and actus rea.
2) What role do you think motive should play in criminal cases? Explain your answer.
3) How do you think having to prove mens rea instead of motive has affected the criminal justice system?
READING & RESOURCES
Criminal Law Ch 4
Criminal Law Ch 5
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