Actus reus is an indispensable phrase in the criminal justice system. According to Saffary and Saberi (2020), actus is a Latin word referring to an action or a physical deed arising from human behavior, while reus connotes anything forbidden by law. Consequently, actus reus denotes voluntary human activities outlawed by the rules and regulations. Specifically, Actus Reus has three primary elements, including conduct, law prohibition, and injury. The prerequisites of actus reus vary based on the crime definition and rely on place, individual, victim’s state of mind, preparation, time, and consent.
Actus reus should be voluntary and the prosecutor must prove that defendant injured the victim or damaged his or her properties. Actus reus also applies in “State of Affairs” cases if the offenders ignored their responsibilities as dictated by a statute, contract, and other mandatory duties (Saffary & Saberi, 2020). Examples of actus reus include murder due to injury, parents’ failure to take care of their children, theft, physical assault, and house-breaking. For instance, in Kahler v. Kansas, the Kansas Supreme Court approved the defendant’s conviction and judgment (“Kahler v. Kansas,” n.d.). The majority argued insanity could not be used as a defense because it failed to connect the loss of control with the committed crimes. Kahler willingly ignored to take antidepressants before killing his two children, grandmother, and wife. However, if a person does not have control over his or her actions, actus reus does not apply. For instance, an individual with epilepsy cannot be criminally liable for punching, hurting, and killing his neighbor during any involuntary acts. Other exemptions include cases originating from unintentional physical force, omission, reflex motion, and automatism.
Actus reus must emanate from voluntary offender’s behavior or action. Importantly, the prosecutor must prove that the defendant’s conduct caused an injury, which hurt the victim. The judge often requires the victim’s lawyers to explain the relationship between conduct, injury, and law prohibition to rule on criminal liability. Therefore, actus reus depends on the crime’s occurrence based on factors such as consent, place, possession, victim’s state of mind, individual, and preparation, which define the offender’s consciousness.
References
Kahler v. Kansas. (n.d.) Oyez. 2021, Web.
Saffary, A., & Saberi, R. (2020). The relativistic theory of coincidence between Mens Rea and Actus Reus in Islamic and English Law. East African Scholars Journal of Education, Humanities, and Literature, 3(10), 492-508. Web.