Actus Rea Flashcards
Actus Rea
(1) A voluntary act or omission where there is a legal duty to act that (2) causes (3) some kind of social harm.
Voluntary act requirement
- A volitional act is a movement of the body willed by the actor.
- A human being, a person and simply an organ of a human being causes the bodily action.
Cases for Voluntary Act Requirement of Actus Reus
- Martin v. State: Man forcibly removed from his home by police and then charged with being drunk in public. His act was not volitional. The court used a narrow time frame by judging voluntariness of act at the time D appeared drunk in public.
Cases for Voluntary Act Requirement of Actus Reus (Second case)
State v. Decina - Man suffered from seizure when driving and killed people. He was charged with murder. His act was volitional because he got behind the wheel knowing he could have a seizure. Court used a broad time frame by judging voluntariness of the act, further back in time, when D decided to drive his car knowing he could have a seizure.
Omission
Criminal liability can be based upon an omission if the defendant had a legal duty to act and was physically capable of acting. The omission which replaces the voluntary act must also cause the social harm, and D must act with the requisite mens rea in order to be convicted.
5 Situations where there is a legal duty to act
(1) Special relationship between the defendant and the vicim.
(2) Defendant enters into a contract.
(3) Statutory duty to act.
(4) Defendant creates the risk of harm.
(5) Voluntarily assumes care of a person in need of help.
Cases for special relationship - when D and victim, such as the relationship between husband’s and wives, parents and children, and masters and servants.
People v. Beardsley: No duty to help woman who consumed morphine and died because no special relationship existed between defendant and victim.
Commonwealth v. Howard: Mother/Defendant had a duty to act from dying after being abused by boyfriend. Abuse was ongoing and mother was never held culpable for her continuing failure to protect the child during all that time. Court held that failure to protect daughter from BF’s savagery was a direct cause of death.
Case for Defendant entering into a contract
Commonwealth v. Pestinikas: Defendants entered into a contractual agreement and created a duty to care and look after sick elderly man. They neglected to give him adequate medical care and died as a result.
Jury Nullification
Rendering a verdict that is technically contrary to the rule of law (i.e., the prosecution has proven the D’s guilt beyond a reasonable doubt, but the jury returns a guilty verdict.)
Statutory Interpretation - Plain Meaning
What is the ordinary, common-sense meaning of the words in the statute.
Noscitur a sociis
The meaning of doubtful terms or phrases may be determined by reference to the relationship with other associated words or phrases.
Ejusdem generis
Where general words follow a specific enumeration of persons or things, the general words should be limited to persons or things similar to those specifically enumerated.
Statutory Structure:
A statute is to be considered in all its parts when construing any one of them.
Statutory Amendment
A statute should be construed to be consistent with statutory amendments.
Legislative History
What does the legislature intend?
