Compare and contrast the elements of the criminal law The criminal law contains two main elements; the criminal act (actus reas) and the mental intent to commit that act (mens rea). In most instances, both must be present before an act can be considered a crime. A criminal defense can be either (a) to deny the act took place or to claim that the accused did not commit the act, or (b) to deny intent, claiming the act wasjustified because, for example, it was committed in self-defense or should be excused because it was a product of mental illness or intoxication. Some crimes are strict liability— they do not require intent; the mere act is sufficient to be considered criminal.
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