Actus Reas "Voluntary Act" Flashcards
What is the “actus reus” requirement?
the requirement of a voluntary act or an omission to act when an appropriate duty exists
Martin v. State
an accusation of drunkness in a designated public place cannot be established by proof that the accused, while in an intoxicated state was involuntarily and forcibly carried to that place by the arresting officer
Model Penal Code §2.01
Requirement of Voluntary Act; Omission as Basis of liability; Possession as an Act
1. a person is not guilty of an offense unless his liability is based on conduct that includes a voluntary act or the omission to perform an act of which he is physically capable
2. The following are not voluntary acts within the meaning of this Section:
(a) a reflex or convulsion;
(b) a bodily movement during unconsciousness or sleep;
(c) conduct during hypnosis or resulting from hypnotic suggestion;
(d) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.
MPC § 2.01(4)
a voluntary act can include “possession” of an item
(4) Possession is an act, within the meaning of this Section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession
NOTE In order to be convicted of “possession” of contraband, generally the state must show that the defendant had “to exercise control or dominion” over the contraband
nvm
nvm
How do automatism and “not guilty by reason of insanity” differ as defenses
Automatism: is the state of a person who, though capable of action is not conscious of what he is doing, because these actions are performed in a state of unconsciousness they are involuntary.
This is a complete defense meaning no follow-up punishment, not guilty verdict.
Not Guilty by reason of insanity: the defendant is ordinarily committed to a mental institution for an indefinite period
Why is automatism a complete defense?
because in the unconscious state there is no voluntary capacity to commit a crime. ie. no actus reus
What is the difference between the two states “diminished capacity” and “unconsciousness”
Diminished capacity offer a “partial defense” by negating a specific mental state essential to a particular crime
Unconsciousness is a “complete defense” because it negates the capacity to commit any crime at all
Can the state make it an offense to be addicted to the use of narcotics?
we do not punish for non-volitional acts such as being sick and addiction is an illness status
we can punish for all of the acts that lead to ones addiction but not for the status of addiction since no one chooses to be ill
what are the five situations in which the failure to act may constitute breach of a legal duty?
- Where a statute imposes a duty to care for another
- where one stands in a certain status relationship to another
- where one has assumed a contractual duty to care for another
- where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid
- Creation of harm/peril
what is the MPC’s §2.01 take on omission as basis of liability?
(3) Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:
(a) the omission is expressly made sufficient by the law defining the offense; or
(b) a duty to perform the omitted act is otherwise imposed by law.
The laymans version:
You can’t be held criminally responsible for not doing something (just an omission) unless:
(a) The law specifically says that not doing it is a crime, or
(b) You had a legal duty to act, and you failed to do it.
Is there an easy duty to rescue?
there is no legal duty to help others in situations of “distress”
there are very limited exceptions to this rule
What are the levels of crime?
Infraction: no jail time possible
not every state has this category
Misdemeanor: max of one year in custody
Texas divides misdemeanors into three classifications
Felony: Any offense with more than one year possible in custody
some states do different degrees such as “serious or violent”
TX defines them as Capital, first degree, second degree, third degree or state felonies
What is considered an involuntary act defense?
conduct during an epileptic seizure, where they do not have motor control over their body but are conscious
