E&H wrote:Hey,
When (or how) should you discuss basic elements of a crime(mens rea, actus reus, causation,etc) at the beginning of a criminal law essay...or rather, should you discuss that first?? I'm confused about when (or if) to discuss it and how to do it
Tia
When I took the California Bar, the advice from BARBRI and everyone else was to not ever discuss "mens rea" or "actus reus" or any other abstract concepts that do not directly related to the crimes. Just jump directly into the elements of the specific crimes.
Unless the call of the question asks for something different, I'd first break the crimes down by party, then go one-by-one through each crime, and do something like this:
1. Crimes by Jim
Burglary
At common law, a burglary is:
(1) The breaking and entering (using force to enter, no matter how slight. ie. the opening of an unlocked door)
(2) The dwelling of another;
(3) at nighttime;
(4) with the intent to commit a felony therein.
Here, Jim broke and entered by...
It was the dwelling of another because...
and so on.
When I took the bar, it was explained that there's really no reason to define mens rea, actus reas, ect. Just list the elements and apply the facts.
Somebody else might correct me, though, if this has changed.