amlevin
Regular Member
I
We need to go back to a time when courts through out cases that lacked mens rea.
Are you saying that courts totally disregarded actus reus. The fact that the person comitted the crime had no relevance in the case before the Court?
Isn't it job of the Jury to be the trier of fact? To determine if there was actus reus? And use mens rea to assess the level of punishment to be levied? The prosecutor is merely there to present the facts, the rest is up to a jury.
FWIW, the modern penal code is pretty much in english now. Latin is even fading away in the most Latin of institutions, the Catholic Church.