Arkansas Criminal Defense Blog © » Legal Term of the Week

Criminal Legal Term of the Week

Administrator — Mon, 22 Oct 2007 18:57:26 +0000

I am sure most people have seen movies involving police detectives where the detective shows up to a crime scene, and when the detective notices a similar pattern from a previous crime scene he will say something to the effect of:

“Hey Johnny, this seems to part of this guy’s MO.”

Black’s Law Dictionary defines modus operandi (”MO”) as, “a method of operating or a manner of procedure, esp., a pattern of criminal behavior so distinctive that investigators attribute it to the work of the same person.” Black’s Law Dictionary Second Pocket Edition, (West Group 2001).

Often times if there are similarities on homicides or burglaries law enforcement and the prosecuting attorney will use those similarities to tie the same defendant to all of the incidents.

Criminal Legal Term of the Week

Administrator — Sun, 14 Oct 2007 15:45:12 +0000

Actus Reus is the criminal legal term of the week. Last week we discussed “mens rea” which is the mental state required for any given criminal act.

Actus Reus is the act that is done. When a prosecutor is proving his case he has to not only prove what the criminal’s mental state was, but also prove that he did the act.

Example: Assault in the Third Degree is a Class C Misdemeanor in Arkansas. (A.C.A. 5-13-207). The crime is defined as follows:

“A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person.”

Here is a breakdown of the two parts:

Mens Rea- The prosecutor must show that the defendant “purposely” acted. Under the Arkansas statutes someone acts purposely if it is the person’s conscious object to engage in conduct of that nature or to cause the result. (A.C.A. 5-2-202)

Actus Reus- The Prosecutor must show that the defendant created apprehension of imminent physical injury in another person.

Next week’s criminal legal term: Modus Operandi.

Criminal Legal Term of the Week

Administrator — Sat, 06 Oct 2007 18:23:12 +0000

From now on every week I will post a legal term that is connected to the criminal law field.

Today’s Legal Term is Mens Rea.

Mens Rea is the mental component of a criminal offense. An accused’s mental state can affect his/her charge as much as the act itself. See Nolo.
Example: If someone is intoxicated at a party, playing with his loaded gun, and it goes off and shoots someone then that person’s mental state is less culpable than if that same person had stalked an individual for 5 years, learned the persons habits, and broke into their home for the purpose of killing that person.

In Arkansas there are generally four different culpable mental states: Purposefully, Knowingly, Recklessly, and Negligently.

Next week’s legal term: Actus Reus.

Technorati Profile