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Criminal Law and Criminal Conduct

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Submitted By Boolue18
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Criminal Conduct and Criminal Law LEG 320
July 25, 2014
Strayer University

CRIMINAL CONDUCT AND CRIMINAL LAW Actus rea and mens rea are both important elements to convicting anyone for any crime. The actual commitment of a criminal act is actus rea. The guilty or criminal mind state is mens rea. Despite the fact that both actus rea and mens rea do not have to exist a conviction is still very feasible. When a criminal act is committed and the individual does not have to mens rea or guilty mind in some instances without the required mental state no crime is committed. Persons incapable of entertaining the required criminal mind because of legal insanity have not committed a crime. Working with individuals who have been diagnosis with mental retardation has really opened my mind to the element of mens rea when the individual has done something illegal. Some of the individuals have it in their mind that because the have been diagnosis with mental retardation they can not be held responsible for the criminal act they may commit or have committed, I have even heard many of the individuals say it. Does this mental state qualify them of the required state of mind for conviction? Immunity as a defense works in some cases not all. Immunity is the exemplification from criminal prosecution based on statues, the U.S. Constitution or international agreements. Diplomatic immunity is granted to those who are visiting foreign officials. Diplomatic immunity can also be waived by the diplomat’s home country, which has to be requested by the U.S. government. According to Gardner, Anderson 2012, article I section 6, of the U.S. Constitution provides that U.S. senators and representatives shall in all cases except treason, felony and breach of peace, be privileged from arrest during the attendance at the sessions of their respective houses, and in going to and returning...

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