At trial, a prosecutor must prove mens rea, but not motive, to successfully convict someone. Unlike mens rea, motive is not an element of crimes. Mens rea and actus rea are needed for a crime to be established. Don’t forget to include scholarly research in your answers!
Please answer the following questions:
1) What is 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 the mens rea requirement has affected the criminal justice system? How would things be different if prosecutors were required to show motive instead? Would that be more effective? Would it be easier or harder?