Actus Reus

Question 1

Actus reus

Answer 1

Voluntary act or omission by the defendant

Question 2

There are at least four situations when a failure to act constitutes a breach of a legal duty. One can be held criminally liable:

Answer 2

1) statute imposes
2) special relationship
3) contractual duty
4) voluntarily assumed duties

Question 3

What are involuntary acts?

Answer 3

(a) A reflex or convulsion - if you take drugs which causes the convulsion, the taking of drugs would be the act.
(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

Question 4

Why don’t we punish bad thoughts?

Answer 4

1. Autonomy, a lot of people have involuntary thoughts. We have a notion for individual agency, or autonomy. We enjoy the fact that we can choose a course of action when we have thoughts.
2. There would be no incentive to restrain people from acting out on their thoughts if they were going to be punished anyway.
3. Bad thoughts alone are not harmful to society.
4. It might even be difficult to discern what bad thoughts are.

Question 5

Whenever there is a question of omission, the defendant is

Answer 5

entitled to a jury instruction to see if they were legally obligated to act in the first place.

Question 6

MPC/NMR: Omissions are…

Answer 6

generally not the bases of crimes; no omission without duty

Question 7

Possession (actual)

Answer 7

Actual possession includes real, hands on, physical possession of something.

Question 8

Constructive possession

Answer 8

MPC 2.01(4)-“Constructive” possession is commonly defined as the: (pg. 1133)

1. power and
2. intention to exercise control, or dominion and control, over an object not in one’s “actual” possession.

Courts are saying that one can possess an object while it is hidden at home in a drawer, or through an agent, or even when it is secured by a safety deposit box at a bank, and can only be accessed when a bank official opens the vault. The issue is with how far this concept should be carried out.

Question 9

Joint constructive possession

Answer 9

Just as bad as having the drugs exclusively in one’s own pocket. Both of you must have the:

1. power and
2. intention to exercise control, or dominion and control, over an object, even if it’s not in “actual” possession of either person.

Ex: two drug dealers in a car who have cocaine in the trunk.

Question 10

When viewing images online, does one take possession?

Answer 10

No, unless there is affirmative additional work (downloading, searching, etc.)

Question 11

What are the three main ways to be harfmufl?

Answer 11

Harm principles; to others
Personal harm: paternalism
Morality: things we don’t like as a society

Question 12

Case: Defendant had a gun on a plane from the Bahamas that was going to somewhere in Europe (perfectly legal in these countries), there was an issue and they landed an emergency stop in NY. It’s illegal to carry a gun on a plane in the US. (People v. Newton)

What is his defense?

Answer 12

• His defense was involuntary conduct.

* One must act in the state the conduct is illegal voluntarily.

Question 13

Defendant was drunk in his own home, cops brought him to a public place, and charged him with being drunk in public. (Martin v. State)

Is there a case?

Answer 13

• Involuntary removal – no case.

Question 14

Defendant raises facts suggesting involuntariness, what must the court do?

Answer 14

A court must instruct the jury about it