Actus Reus Flashcards
What are the elements of actus reus?
- Act or omission that is
- Past
- Voluntary
- Wrongful or potentially harmful
- Conduct
- Specified in advance by statute
Explain element 1 and 2 “past” “act or omission”
Past Act - we don’t punish bad thoughts, you have to ACT
Omission - no duty to act unless falls under one of the four ways
What are the four ways that an omission might be a breach of a legal duty?
- statute imposes duty
- special relationship
- assumed a contractual duty
- voluntarily assumed care of another so secluded as to prevent others from helping
What are the types of possession
Actual, constructive, joint
what is the test for constructive possession
- power to control the object
2. intent to control the object
What is the test for joint constructive
both have 1) power and 2) intent to control
Do you have to know about possession?
Yes – must have knowingly procured or received it
Is having child porn in your cache possession?
No - mere ability to manipulate ≠ control
What ways can things be harmful?
- harm to others
- harm to self
- moral
why can’t we have status crimes?
no volition
what does DPC require?
Notice! Statute can’t be vague, over broad, non existent
what do you do if the statute is ambiguous?
look to legislative intent
Can courts use discretion to get rid of common law defenses?
sure! year and a day thing
