And finally, if a Pope can put an entire community under interdict then how does the required coexistence of mens rea and actus reus
feature into spiritual law?
Despite the significance of the actus reus
, there is little
The Court concluded that there was a collective mens rea (moral unity ) between all the defendants, and they were guilty by the mere fact that the public official had the intention to commit the actus reus
of the crime.
Being "fully convinced that, in various localities in Eastern Slavonia, Western Slavonia, Banovina/Banija, Kordun, Lika and Dalmatia, the JNA and Serb forces perpetrated against members of the protected group acts falling within subparagraphs (a) and (b) of Article II of the Convention, and that the actus reus
of genocide has been established" (33), the Court moved to the assessment of the genocidal intent having inspired those acts and concluded, as mentioned, that Croatia had not established that those acts were committed with the specific intent required for them to be characterized as acts of genocide (34).
The problem in these cases is that, using offense analysis, the courts (1) combined the actus reus
and caused-death elements of homicide offenses into a single physical element (called act) with a singular mental element; and then (2) called that singular mental element either general intent or specific intent, depending on whether or not one intended to kill.
22: "For each actus reus
encompassed by Rule 77(A), the Prosecution must establish that the accused acted wilfully and knowingly, that is with specific intent to interfere with the Tribunal's administration of justice.
Sin embargo, ello fue suficiente para que dichas matanzas califiquen como actus reus
genocida en virtud del articulo II (a) (27).
Aware that the justifications for vicarious liability no longer fit the modern section 10(b) cause of action, courts have used the disaggregation of actus reus
from mens rea commonly exhibited in fraud-on-the-market cases as a lever to decouple corporate liability from misconduct that originates from lower level employees.
"You have to have two things in criminal prosecutions; an act, or 'actus reus
,' and a mental state, or 'mens rea'," he said.
Part III examines the implications of the actus reus
requirement of criminal law for the fantasy defense.
Perincek made a judicial analysis and acknowledges there was an 'actus reus
' [objective element of a crime], but reiterated that the events of 1915 cannot be deemed a genocide."
that they involve; the emphasis is on actus reus
rather than mens rea.