Actus Reus

Question 1

Vloluntary Acts that Cause Harm

Actus Reus - the 4 C’s

Answer 1

1. Conduct
2. Circumstance
3. Consequence
4. Causation (but-for, proximate)

Question 2

Vloluntary Acts that Cause Harm

Define act

Answer 2

A bodily movement caused by a muscular contraction

Question 3

Vloluntary Acts that Cause Harm

Define voluntary

Answer 3

Willful or volitional precipitated by a “decision”; actor need not be aware of act (eg habitual acts like smoking are still voluntary)

Question 4

Vloluntary Acts that Cause Harm

Is a Voluntary Act Required?

Answer 4

There is no liability unless D performs voluntary act
* Exception: D has a Duty to P.
- No liability for reflex, convulsions, unconscious or asleep movement or while hypnotized.

Question 5

When does a duty to act exist?

Answer 5

1. Duty based on relationship (parent/child)
2. Duty based on contract
3. Duty based on voluntary assumption of care (began to assist and left worse off)
4. Duty based on creating peril
5. Duty based on statute

Question 6

Duty to act

Is there a general duty to act?

Answer 6

No, cannot be convicted for failing to act unless there is a special relationship that creates a duty

Question 7

Rule of Lenity

Three purposes of lenity

Answer 7

1. Lenity is only used when other interpretations yield a tie
2. Lenity limits broad readings not supported by the text (cannot reach beyond language of the statute to criminalize something)
3. Lenity confines the reach of the statute even when the text supports a broader view

Question 8

What constitutes a crime?

Answer 8

1. Any combination of
   -Actus reus (act or omission) AND
   -Mens rea (mental state)
2. Violates criminal statute
3. As enforce by prosecutors & interpreted by court

Question 9

The 4 C’s

Define conduct

Answer 9

An act or omission that is required for a crime

Question 10

The 4 C’s

Define circumstance

Answer 10

An attendant circumstance which must be fulfilled to find liability and defined within the statute

(e.g. breaking and entering the dwelling house of another at night with circumstance being house of another at night)

Question 11

The 4 C’s

Define consequence

Answer 11

The result of the voluntary act, usually the harm that resulted.

Question 12

The 4 C’s

Define causation

Answer 12

1.But-for cause and
2.Proximate cause between the conduct and consequence.