The mental states that constitute a crime in addition to the act are specific intent is if a person desired the result; that is, if the person wanted the crime to happen, the intent is termed as specific intent. For example, robbery. General intent/malice – When a person intentionally acts in a manner that will result in the crime, it is termed general intent or malice. The person may not necessarily wish for the crime to happen, for example, arson. Recklessness is when a person knows the risks of his/her actions and ignores them, leading to an illegal result, it is termed as recklessness. For example, involuntary manslaughter.
An important factor in defending a criminal charge is understanding what led to it. A key to beating a criminal charge is understanding what constitutes a crime. People make mistakes that may sometimes be constituted as a crime. For example, forgetting to pay at a store or leaving the weapon in the purse when entering a building that restricts firearms. For an offense to be categorized as a crime, it must have elements like guilty act and guilty mind.
Suppose a person forgets to pay for an item when he/she leaves the store. He/She fulfills the guilty act but not the guilty mind.
The Guilty Act vs The Guilty Mind
There is a written statute for every crime that outlines and specifically mentions what is illegal. Suppose a person is using a fake driver’s license to drive. According to the law, a person is not allowed to obtain or attempt to obtain “knowingly or fraudulently†a false license. Therefore, if a person is caught using a fake ID card, this person has committed the “guilty act” according to law. The law uses the word “knowingly”, which specifies the intent of the crime. In cases of using a fake driver’s license, it is obvious that the person “knowingly” obtained it. The person may or may not know that using a fake license is a crime; however, if one has intentionally obtained the fake license, then they constitute a “guilty mind”.
Failure to Act
If a person fails to act, resulting in a crime, then he/she can satisfy the actus reus and could be charged with a crime. To prove that person is guilty because one failed to act, the prosecution must prove the following:
The person had a legal obligation to act
The person knows that it was a legal duty to act.
The defendant was capable of performing the duty.
There are five situations where it is legally incumbent upon a person to act:
When the defendant is closely related to the victim. For example, parent-child, husband-wife, employer-employee, etc.
When the duty to act is imposed by law or legislation
When there is a contract between the defendant and the victim.
When the defendant wrongfully created the danger for the victim.
There is no criminal liability in cases of omission where a person had only a moral obligation to act.
Liability without “Guilty Mind”
In some cases, the guilty act is enough to constitute the crime, and the “guilty mind” is not considered. The “guilty mind” does not necessarily mean that the person intended the illegal act specifically, but the intention to do something wrong and knew that he/she was doing something wrong that directly or indirectly could cause harm to the victim. In such cases, only the “guilty act” is considered and is enough to charge a person with a criminal offense. Some examples of such cases are theft and statutory rape. In theft, a person is completely aware of the actions and knows that the actions will affect the victim. In cases of statutory rape, the child is below the age of consent, and therefore, sex, even if consented by both parties, is illegal.
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