Before the criminal justice system affixes the term crime to a homicide, there must be a showing of criminal intent or:

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Mens rea refers to the mental state or intent that the perpetrator had when committing a crime. In order for a homicide to be considered a crime, there must be evidence of criminal intent or mens rea, rather than just an accidental or unintentional death. Actus reus refers to the physical act of committing a crime, but alone is not enough to establish criminal liability for a homicide. Rehabilitation and retribution are concepts related to punishment and their relevance depends on the specific criminal justice system and its goals.

Before the Criminal Justice System Affixes the Term Crime to a Homicide