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The terms Actus Reus and Mens Rea  

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The terms Actus Reus and Mens Rea come from the Latin "actus non facit reum nisi mens sit rea". The meaning of this Latin term translates as "an act is not criminal in the absence of a guilty mind" This one sentence forms the basis for conviction under criminal law, the two key elements being the actus reus (criminal act) and the accompanying mens rea (guilty mind). Arising from this basis for criminal prosecution are the two legal principles of coincidence and causation. Coincidence refers to the temporal coincidence of both the actus reus and the mens rea. Causation goes beyond coincidence and establishes a chain of causation thus stretching out the actus reus and allowing the mens rea to overlap thus facilitating a conviction. In order to show how the law has widened we must first establish and discuss the development of the basic law of coincidence. One of the...

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