Actus Reus

Question 1

Define

4 Big Elements of Actus Reus

Answer 1

1. Volitional
2. Act
3. That Causes
4. Social Harm

Question 2

Define

Actus Reus
Volitional

Answer 2

1. Willed bodily movements
2. Including habitual behavior
3. That do NOT include:
   * reflexes or convulsions
   * movements while asleep
   * conduct during hypnosis

Question 3

Define

Duress Defense

Answer 3

Generally: if under duress, the act is still volitional (mens rea is the issue); will need to raise a duress defense

Related to: Actus Reus

Question 4

Define

Time Framing

Answer 4

• Permits liability for seemingly non-volitional behavior at the time of the crime
• Traces back in time to an earlier event where def engaged in volitional conduct
• Earlier volitional behavior could be used to impose liability on a later non-volitional state

Relates to: Actus Reus and Mens Rea

Question 5

Define

Actus Reus
Element 2: Act

Answer 5

Affirmative Conduct

Rationale: Cannot punish based on thought alone

Two exceptions: Omission (failure to act) and Possession (having something is considered doing something)

Question 6

Actus Reus
Element 2: Act
Exceptions

Answer 6

Omission: failure to act
Possession: having something is considered the same as doing something

Question 7

Actus Reus

Common Law Duties to Act

Answer 7

• Special Status Relationship (Parent/child)
• If you created teh harm
• Voluntary assumption of care in a way that prevents otehrs from helping

Question 8

Actus Reus

Types of Duties to Act

Answer 8

Common Law Duty, Contractual Duty, Statutory Duty

Question 9

Define

Actus Reus
Possession Definition & Requirements

Answer 9

Possession Definition: having something is considered the same as doing something
Requirements: Knowingly procured or received the item
OR
Continuing to retain possession over something after aware of control over it AND had enough time to get rid of the object

Question 10

Define

Constructive Possession

Answer 10

exercise dominion and control over PLACE or PERSON possessing the item

Question 11

Define

Actus Reus
Element 3: That Causes

Answer 11

Actual Cause (‘but for”)
Proximate Cause (reasonble foreseeability)

Question 12

Define

Intervening Cause

Answer 12

Actus Reus (proximate causation)
Definition: independent force (another “but for”) that produces a social harm
Occurs after the def’s action

Question 13

Superceding Cause

Answer 13

Actus Reus (proximate causation)
Definition: an intervening cause will become a superceding cause when the actions break the causal liability AND actions are reasonably foreseeable

Question 14

Define

Factors in Considering a Superceding Cause

Actus Reus: That Causes

Answer 14

1. Reasonable foreseeability
2. De Minimis Contribution of the Social Harm (too minor of a role)
3. Dangerous Forces that have Come to Rest
4. Free, Deliberate Human Intervention
5. Omission of a duty (rarely supercedes)

Question 15

Define

Responsive Intervening Cause

Actus Reus

Answer 15

Occurred in response to def’s wrongful conduct
Unlikely to relieve def of wrongdoing
Only relieves def of criminal responsibility when the response ABNORMAL and UNFORESEEABLE

Question 16

Define

Coincidental Intervening Cause

Actus Reus

Answer 16

Does relieve the def of criminal liability if unforeseeable

Question 17

Define

Actus Reus
Element 4: Social Harm

Answer 17

Defintion: Denial of an individual, group of a state interest deemed socially valuable

Question 18

Define

Result Crimes

Actus Reus: Social Harm

Answer 18

Punishment based on results of def’s acts (or omissions) irrespective of the particular act the def engaged in
Examples: Murder, Manslaughter

Question 19

Define

Conduct Crimes

Actus Reus: Social Harm

Answer 19

Conduct itself is a crime, irrespective of the results that follow
Example: Drunk Driving

Question 20

Define

Attendant Circumstances

Actus Reus: Social Harm

Answer 20

Circumstances that must be objectively present before the crime is found
Every crime has these!!