Elements of a Crime

At trial, a prosecutor must prove mens rea but does not have to prove motive in order to be successful in a
prosecution. Unlike mens rea, motive is not an element of crimes. Mens rea and Actus rea are needed for a
crime to be established.
Answer the following questions:
1) Distinguish the difference between mens rea and actus rea.
2) What role do you think motive should play in criminal cases? Explain your answer.
3) How do you think having to prove mens rea instead of motive has affected the criminal justice system?

Sample Solution

on behalf of their country.” (Polybius 369) This gives one a good sense that Rome by no means was a victim but also cannot be considered an active aggressor or bully.

An issue that arose from expansion was the new pressure that was put on the Roman government to successfully maintain control and govern new provinces that they acquire. The Roman territory became extremely large; inconsistencies in governmental rule in the provinces as well as corrupt activity within the provinces became common. Often publicans, the overseers of these provinces, were corrupt and would take a share of tax money they collected for themselves. Typically when a new territory was acquired Rome would not necessarily abolish their government and cultural practices and instead include them in the taxation of wealth and men to serve in the army, yet this does draw the question of what is the Roman identity and how can Rome maintain consistency in both political influence and power throughout their land? The answer is that there is no simple solution and often military power would need to be exercised in provinces such as Spain who’s native people constantly threatened uprising. The Roman identity that had become integral to Roman society was threatened by the influence of outside cultures, gone was the identity of the proud yet humble Roman solider and Rome became a collage of different lands, cultures, and religions which needed to be held together by military and political strength.

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