2. Actus Reus

Question 1

Voluntary Act Requirement

Answer 1

Voluntary = controlled by mind, exercise of will
o Involuntary–>acquittal
o Involuntary conduct includes:
 Physically coerced movement
 Reflex movements
 Muscular contraction/paralysis caused by disease
 Unconsciousness

Question 2

Voluntary Act Requirement (MPC)

Answer 2

not guilty of an offense unless liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable
o Example of involuntary acts: a reflex or convulsion; a bodily movement during unconsciousness or sleep; conduct during hypnosis or resulting from hypnotic suggestion

Question 3

Martin v. State (AL 1944)

Answer 3

Martin was drinking at home, police show up, place him under arrest, bring him outside to public highway, manifests drunken condition, is then charged for being drunk in public
o (1) Intoxicated/drunk, (2) appear in public place, (3) 1+ persons present, (4) manifest drunken condition (by boisterous or indecent conduct, loud or profane discourse)
- Argued that he didn’t satisfy appearing in a public place, all other elements were satisfied
- Court says statute presupposes voluntary (the appearance must be voluntary)
- His conduct was not voluntary because he was brought out

Question 4

People v. Decina

Answer 4

D was driving, epileptic seizure, hit and killed children, convicted of negligent homicide in motor vehicle, seizure was involuntary but defendant knew he suffered epileptic seizures, voluntary act is getting the car with the knowledge this could happen

Question 5

People v. Gastello

Answer 5

brought drugs into jail, said he didn’t voluntarily bring drugs into jail though he intentionally put them in his pocket before arrest, has since been overruled (chose not to dispose of drugs, foreseeable that he’s going to prison and he voluntarily took drugs with him)