ABSTRACT
This chapter explores the teaching of criminal elements. It discusses current practice in teaching, textbooks, and in court judgements, highlighting problems of incoherence and inconsistency. The chapter examines the potential advantages and the potential problems for a universal structure of element analysis and how this can be used in teaching. It provides an overview of element analysis in other common law jurisdictions. The chapter discusses the use of law and psychology literature. It focuses on teaching criminal law in England and Wales, but much of the debate applies equally to other common law jurisdictions. In England and Wales, criminal law predominantly focuses on the separation of actus reus (external elements of an offence) and mens rea (mental elements of an offence), which can be usefully referred to as 'offence analysis'. Element analysis provides students with a toolbox to help them with their studies.
