Name: ____________________________ Date: ______________________________

Mens Rea & Actus Reus Assignment

Generally speaking, for a person to be found guilty of a criminal offence he or she must have committed an illegal act (actus reus) and had the required “state of mind” (mens rea) for the criminal offence. The Crown must prove both elements of the offence, the actus reus and the mens rea, beyond a reasonable doubt. Actus reus is Latin for “guilty act.” It is common sense that a person must be found to have done the illegal act before she or he can be convicted of the crime. The guilty act can be something a person does or something a person omits to do, i.e. something a person is required to do but fails to do. Mens rea is Latin for “guilty mind.” In Canada, most criminal offences require that a person be found to have had the necessary “state of mind” or mens rea for the offence before they can be found guilty. For many offences the mens rea refers to intending to commit the act but some offences require different “states of mind” (i.e. intending to cause death, knowledge of likely consequences, wilful blindness, negligence, and recklessness). Keep in mind that it is irrelevant whether or not the person knew the act was illegal. Ignorance of the law is not an excuse. Task: You will be responsible for creating three different cartoons depicting different crimes. Part A: You will need to complete a rough draft copy depicting all of the following:

a. Actus Reus + Intent b. Actus Reus + Willful Blindness c. Actus Reus + No Mens Rea

*Note: You may replace one of the above examples with negligence or recklessness. Part B: Your will need to transfer one of these 3 cartoon stories to a good copy. Part C: Write a ½ page response explaining the role of mens rea and actus reus in your final cartoon.

Mens Rea/ Actus Reus Assignment: Rubric

STRAND LEVEL ONE

50% - 60% LEVEL TWO 60% - 70%

LEVEL THREE 70% - 80%

LEVEL FOUR 80% - 100%

KNOWLEDGE /10

Cartoon conveys little or no understanding of mens rea/actus reus; does not use symbolism; title is missing.

Cartoon conveys a limited understanding of mens rea/actus reus; attempts to use symbolism; title is unclear or irrelevant to topic.

Cartoon conveys understanding of mens rea/actus reus; uses appropriate symbolism; title is clear and relevant to topic.

Cartoon clearly conveys an understanding of mens rea/actus reus; excellent use of appropriate symbolism; title is clear, clever, and relevant to topic.

THINKING/ INQUIRY /10

The message is unclear or weak. It is difficult for the viewer to understand the point.

The message to the viewer is clear. It is not a strong message

The message to the viewer is clear. It is easy for the viewer to understand the message.

The message to the viewers is clear and strong. It is easy for the viewer to understand the message.

COMUNICATION /10 Cartoon is messy; color and graphics are lacking; captions are omitted or unreadable.

Cartoon is somewhat neat; some color and creative graphics are used; captions are included.

Cartoon is neat and clean; color and creative graphics are used; captions are readable.

Cartoon is neat and clean; color and creative graphics are used exceptionally well; captions are readable.

APPPLICATION /10

Written response does not fit word count criteria and does not addresses the cartoon

Written response does not fit word count criteria and addresses cartoon in a basic manner

Written Response is appropriate in length and addresses some of the key qualities of the cartoon

Written response is appropriate in length and shows an elite level of sophistication that clearly explains the cartoon

Comments:

Createyourown…ActusReus+ Intent

ActusReus+WilfulBlindness

ActusReus+NOMensRea