Posted: January 18th, 2023
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PROMPT:The vast majority of crimes, whether traditional street crimes or white collar crimes, are composed of two elements, an act (actus reus) and the requisite mental state (mens reus). Generally, for street crimes, identifying the act and the mental state is a relatively easy or intuitive matter. With white collar crimes, sometimes identification of the act and mental state, at first blush, can appear more difficult. Fortunately, most statutory crimes are written in such a way to identify both the act and mental state for the reader.
Go to the Cornell Legal Institute website. Pick a white collar crime from the federal criminal code (found in Title 18) and identify both the act and mental state required in order to be in violation of the particular statute. Hint: Sometimes the mental state will appear as “knowingly,” or “willfully,” or another word describing a mental state.
Once you identify the crime, post the link to the statute in your response to the prompt and discuss the actus reus (act) and the mens rea (mental state) that you have identified in your selected statute.
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