In criminal law, what does 'concurrence' refer to?

• A. The requirement that the act and the mental state exist at the same time for the offense.
• B. The requirement of a grand jury indictment.
• C. Simultaneous presence of multiple witnesses.
• D. Defendant present at trial.

Answer: (C)

Concurrence is about matching the mind and the action. It means the person’s criminal intent (the mens rea) must exist at the same exact time as the criminal act (the actus reus) for the crime to be committed. This ensures liability only when the harmful act occurs with the appropriate mindset.

So, if someone plans to steal and then actually takes the property in that moment, the act and the intent coincide, satisfying concurrence. If the person only thinks about the crime but never acts, there’s no offense because the act never occurred with the necessary intent. Likewise, acting without the required mental state (for crimes that demand mens rea) also fails concurrence.

The other options mix in unrelated concepts: grand jury indictments are about charging procedures, not the timing of intent and act; having multiple witnesses isn’t about the crime’s formation; and being present at trial is a procedural requirement, not a factor in whether the offense occurred.