Actus Reus

Question 1

Material elements will include some or all of the following:

Answer 1

conduct, attendant circumstances. causation, result, concurrence, mental state

Question 2

Actus Reus

Answer 2

“guilty act”; made up of material elements that ALWAYS include CONDUCT

Question 3

What must the prosecution do when the crime contains a result element?

Answer 3

Prove causation, namely that the defendant’s conduct caused the socially harmful result element.

Question 4

Voluntary act requirement

Answer 4

“a person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.”
a. Purposely, knowingly, recklessly, negligently
b. Martin v. State: drunk guy brought from his house to highway by police cannot be charged with public drunkenness because he did not end up there voluntarily

Question 5

Unconsciousness

Answer 5

When not self-induced by voluntary intoxication or the equivalent; unconsciousness is a complete defense to criminal homicide
i. Ex: Sleepwalking

Question 6

Timeframing

Answer 6

Timing of the defendant’s act is a critical issue in determining whether the defendant’s act was voluntary (courts can set the timeframe to be narrow or broad; the court must determine the relevant conduct (voluntary act performed w/ the requisite mens rea) related to the crime, and from there discern appropriate timeframe)
a. People v. Decina (epileptic convicted when he murders children driving while having a seizure; considered a voluntary act at the time defendant chose to drive the car, not at the time he struck the children/was having a seizure)

Question 7

Attendant circumstances

Answer 7

an element of the crime that is a condition that must be present at time of defendant’s action or inaction that contributes to the determination that the act is a crime (examples: proof of intoxication, value of an item, time, location); can determine if a crime is a misdemeanor or a felony

Question 8

Corporate criminal liability

Answer 8

gov’t only needs to prove that the defendant acted for the benefit of the corporation so that it will be liable

Question 9

When is an omission substituted as voluntary act?

Answer 9

1. When a person has a LEGAL DUTY to act and fails to act despite being able to
2. Legal Duty to Act may be based on:
   (1) statute, (2) status relationship, (3) contract obligation, (4) assumption of risk, (5) creation of risk

Question 10

Possession as an act and omission

Answer 10

Can be characterized as a voluntary act when the possessor (1) knowingly obtains or received the thing possessed and an omission when (2) is aware of possession for a sufficient period of time to get rid of it

Question 11

Actual possession

Answer 11

is aware and has control over thing
i. Is item on D’s person?
ii. Is D aware of its presence?
iii. What is D knows there’s an item in his pocket, but doesn’t know what it is?

Question 12

Constructive possession

Answer 12

when someone doesn’t have actual possession but is aware of the presence of drugs (Watson v. State –> drugs at grandma’s house)
i. D is aware of presence, has intent to maintain control over it, and has ability to maintain control and dominion over it

Question 13

Exclusive “sole” constructive possession

Answer 13

aware of its presence and intent and ability to maintain control and dominion

Question 14

Non-exclusive constructive possession

Answer 14

aware of its presence and intent and ability to maintain control and dominion AND additional incriminating circumstantial evidence to overcome hurdle of “sufficient evidence” as a matter of law
a. Circumstantial evidence examples: (1) proximity to contraband, (2) whether owner-occupied location contraband was found, (3) whether defendant fled, (4) ability to place contraband where it was found, etc.

Question 15

MPC Possession

Answer 15

“Possession is an act . . . of 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”

Question 16

Inchoate crime

Answer 16

incomplete crime, e.g., possession; their real purpose is to provide police with a reason basis for arresting those whom they suspect will later commit a socially injurious act (i.e., distribute narcotics)

Question 17

When a crime contains a result element, what must the prosecutor prove?

Answer 17

CAUSATION—namely, that the defendant’s conduct caused the socially harmful result element (not all crimes have a result element)

Question 18

What are examples of a status relationship?

Answer 18

Parent-minor child, captain-passenger, employer-employee, innkeeper-guest, etc.

Question 19

What are examples of a contract obligation?

Answer 19

Doctor, lifeguard, babysitter, firefighter, etc.

Question 20

Assumption of risk in regards to duty to act?

Answer 20

One who’s voluntarily assumed the responsibility of another and so secluded the helpless person as to prevent others from rendering aid
(West v. Commonwealth: adult sister with Down syndrome died b/c of her brother and sister-in-law’s omission)

Question 21

Creation of risk is…

Answer 21

Legal duty to report crimes or dangerous situations when the defendant is the cause of the danger and the failure to report results in a death that was preventable.