Actus Reus

Question 1

actus reus

Answer 1

the comination of a criminal act done and the harm resulting from the act. the physical portion of the crime

Question 2

elements

Answer 2

the legal ingredients of a crime that must all be proven beyond a reasonable doubt. typically outlines in statutes

Question 3

attendant circumstances

Answer 3

additional facts that define a crime (ex: victim’s age, type of property, etc)

Question 4

result crimes

Answer 4

crimes defined by their outcomes (ex: muder, assault)

Question 5

conduct crimes

Answer 5

crimes defined by an act that don’t necessarily require a result (ex: driving under the influence - don’t need to hurt anyone, just need to do it)

Question 6

State v Utter

Answer 6

F: ∆ charged with murder in the third degree for son. argues that he has PTSD from the war, so his act was not voluntary. HOWEVER, ∆ had been drinking at the time of the murder, so TC told jury not to consider the insanity plea or the conditioned response
Q: whether the jury was properly instructed in the trial ct.
A: yes
Why?: intoxication is a voluntary act negating the involuntary act defense

Question 7

omission

Answer 7

a lack of action in a situation

Question 8

law of omission

Answer 8

just because something is morally wrong does not mean it’s criminally wrong. as a result, failure to prevent harm may not always create criminal liability

Question 9

when does the law of omission not apply?

Answer 9

1. if the statute imposes a duty of good behavior (good samaritan law)
2. if there’s a specific relationship (parent-child, spouse-spouse)
3. ordinary civilians don’t have the responsibility, but a contract gives you it (emts)
4. voluntary aid of another person where you are secluding them (nursing homes, babysitting)
5. person creates a risk of harm to another