Actus Reus

Question 1

Actus Reus (AR):

Answer 1

Every crime involves an act, or a special (exceptional) duty to act, which was breached by defendant’s failure to act.

Question 2

“Acts” may include:

Answer 2

(1) Voluntary acts
(2) Seemingly involuntary acts
May be relatively passive
May even be omissions

Question 3

[Martin v. State “Drunk guy dragged into street by cops”]

Answer 3

An “act” must be voluntary for AR to be fulfilled

Question 4

[State v. Utter, 1971. “Oops, I accidentally stabbed you Son!”]

Answer 4

A state of unconsciousness is not a valid defense if the state was induced voluntarily.

Question 5

[State v. Shell, 2016. “Hey bro are you OD’ing? Good luck with that.”] Duty to Seek Medical Care not present IF…

Answer 5

(1)DEF doesn’t seclude decedent OR
(2)if decedent isn’t dependent on D.

Question 6

4 Common Law Duty To Act Situations

Answer 6

(1) STATUTE
(2) STATUS/RELATIONSHIP (doctor/patient, parent/child, lawyer/client)
(3) CONTRACTUAL (babysitters, caretakers)
(4) Voluntary assumption of care and seclusion of a helpless one [Shell]