Intro to Paralegal Studies Practice

What does the "guilty act" (actus rea) refer to?

1. A motive for the crime

2. An action that causes harm

3. The intent behind a crime

4. A judgment by a jury

The correct answer is: An action that causes harm

The term "guilty act," or actus reus, specifically refers to the physical act or conduct that constitutes a criminal offense. This involves any action that leads to the harm or damage underlying a crime and is a fundamental component in establishing criminal liability. Actus reus can include a wide range of behaviors, from physical actions to failure to act in certain circumstances (for example, neglect). In contrast to this concept, motive refers to the reasons why a person committed a crime, which is distinct from the actual act that caused the crime itself. Furthermore, intent, or mens rea, involves the mental state of the individual when committing the act, emphasizing their awareness or purpose behind the action rather than the action itself. Finally, a judgment by a jury concerns the outcome of legal proceedings, determining guilt or innocence based on the evidence presented. Understanding actus reus is crucial because, without a committed act that fulfills this requirement, a prosecution for a crime cannot proceed, regardless of motive or intent.