Actus Reus

Question 1

What was the holding in Martin v. State?

Answer 1

One cannot violate a statute by acting if their action is not voluntary.

PTP: Voluntary appearance

Question 2

How does State v. Utter categorize a voluntary act?

Answer 2

An “act” committed while unconscious is in reality no act at all. However, unconsciousness does not, provide a defense to a crime (such as a self-induced state of unconsciousness)

PTP: Act

Question 3

What is the holding in People v. Decina?

Answer 3

Knowingly engaging in behavior that could render you unconscious and endanger others is still criminally liable – like getting black out drunk (driving while have epilepsy w/o medication prescribed), driving, and hitting someone.

PTP: Operates knowingly or consciously

Question 4

What are situations that give rise to a duty to act?

Answer 4

(1) where a statute imposes a duty to care for another; (2) where the defendant stands in a certain status relationship to another; (3) where the defendant 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 5

What was the rule in State v. Shell?

Answer 5

If you have a duty (professional duty etc.) and don’t perform duty = gives rise to omission etc. of actus reus.

D had no duty affirmative duty

PTP: Duty to act