Actus Reus

Question 1

What is a crime?

Answer 1

A prohibited action (actus reus) with the appropriate mental state (mens rea).

Question 2

Actus Reus

Answer 2

The actus reus is (1) an act (or qualifying omission) that is (2) voluntary.

Question 3

What is voluntariness?

Answer 3

A voluntary act is a willed muscular contraction; an exercise of the mind and not just the brain.

Question 4

Omission Liability

Answer 4

An exception to the ordinary actus reus rule that a crime requires a voluntary affirmative act.

Question 5

Omission Liability Situations

Answer 5

(1) where a statute imposes a duty (Samaritan Laws);
(2) where one stands in a certain status relationship to another;
(3) where one has assumed a contractual duty to care for another; and
(4) where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.

Question 6

Factors to Apply Omission Liability

Answer 6

(1) must be voluntary, (2) must know of risk, (3) must have been able to change outcome, (4) must be safe to aid.

Question 7

Why Omission Liability is Rare

Answer 7

(1) omissions are ambiguous; (2) omissions create line drawing problems; (3) interveners can make things worse; (4) omission liability restricts freedom.