Conduct (Actus Reus)
All crimes require actus reus. That is, a criminal act or an unlawful omission of an act, must have occurred. A person cannot be punished for thinking criminal thoughts. This element is based on the problem of standards of proof. How can another person's thoughts be determined and how can criminal thoughts be differentiated from idle thoughts? Further, the law's purview is not to punish criminal ideas but to punish those who act upon those ideas voluntarily.
Unlike thoughts, words can be considered acts in criminal law. For example, threats, perjury, conspiracy, and solicitation are offenses in which words can constitute the element of actus reus.
The omission of an act can also constitute the basis for criminal liability.
Read more about this topic: Element (criminal Law)
Famous quotes containing the word conduct:
“The conduct of God who disposes all things kindly, is to put religion into the mind by reason, and into the heart by grace. But to attempt to put it into the mind and heart by force and threats is not to put religion there, but terror.”
—Blaise Pascal (1623–1662)