All statutes describing criminal behavior can be broken down into their
various elements. Most crimes (with the exception of strict-liability
crimes) consist of two elements: an act, or "
actus reus," and a mental state, or "
mens rea".
Prosecutors have to prove each and every element of the crime to yield a
conviction. Furthermore, the prosecutor must persuade the jury or judge
"beyond a reasonable doubt" of every fact necessary to constitute the
crime charged. In civil cases, the plaintiff needs to show a defendant
is liable only by a "preponderance of the evidence," or more than 50%.
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