It is impossible here to overlook some of the contradictions in the criminal justice system when it comes to federal prosecutors as well as state prosecutors in their selection of identified blue collar crimes; crimes that possibly can hurt one individual while dispensing white collar crimes; crimes that can be injurious to hundreds or maybe thousands of individuals. Importantly, I am not suggesting that one individual (citizen) is not an invaluable asset. Moreover, the distinction between actus reus and men rea is in its most simplistic terms; actus reus (I intentional acts), a wrongful act or acts and mens rea is the guilty mind (criminal intent). With this in mind, actus reus is any illegal act whether it is done overtly (directly) or covertly (indirectly) by an offender in violation of a federal or state statute.
However, what we must understand is the central idea of selective enforcement of the law and punishment administrated by federal prosecutors. One may not understand the selective prosecution maze formulated to enforce vehemently blue collar crimes while a more relax approach to white collar crimes. This is supported in many documents and one of these documents is a book entitled “Rich Get Richer And The Poor Get Poorer”. In the majority of the cases the underclass (blue collar) are most likely to get arrested, charged, arraigned, trialed and convicted. This is the latent actus reus and mens rea of the legal system that most legal scholars failed to address. Clearly, this is not an indictment of the criminal justice system but just a platform to seek dialogue on corrective lens to the systemic problems of underclass warehousing of prisoners. Our dilemma in 2010 in the criminal justice system is where families in the underclass communities across the United States experiences generational incarceration? Can this be actus reus or mens rea?
Naturally, there have been numerous studies on actus reus and mens rea where federal and state judges have explicitly explained actus reus (wrongful acts) and mens rea (guilty mind). Earlier, I cited a book entitled “Rich Get Richer And The Poor Get Poorer” again this book vividly depicts how chief executive officers in pin-stripped suits pillage taxpayers and stockholders out of hundred of millions of dollars with a stroke of the pen with almost no impunity. With this in mind, why are federal and state prosecutors not enforcing the laws across all economic classes in society. Specifically, even the privilege should not be above the law. We should prosecute all citizens that violate federal and state laws. There should not be any exceptions. When it comes to the privilege; Is there such a concept as actus reus? Is there such a concept as mens rea?