Actus Reus Flashcards
What is the definition of the actus reus requirement?
(1) A voluntary act (or rarely, an omission)
(2) that causes
(3) social harm
What is the retributive view of actus reus?
Humans have free will and we should only punish action
What is the utilitarian view of actus reus?
Punishing thoughts would have a massive cost
What are the two common classifications of crimes under the actus reus requirement
Result crimes (ex: murder); conduct crimes (ex: DUI)
What is the rule from Martin v. State? (Actus Reus)
Criminal liability may only be imposed when the unlawful conduct is committed voluntarily (voluntary act requirement)
What is the rule from Utter? (Actus reus)
A defendant’s act occurring during an unconscious or automatistic state is not a basis for criminal liability.
What is the voluntary act requirement?
An act performed without the actor’s conscious control does not satisfy the voluntary act requirement
What was the rule from People v. Decina? (Actus reus)
A criminal defendant who disregards the consequences that can result from driving a vehicle with knowledge of a health condition that can produce involuntary actions may be found guilty of vehicular homicide.
What happened in People v. Nelson? (Actus reus)
Nelson was prosecuted for using telephone communication for the purpose of “making any comment… which is obscene, lewd… etc, with an intent to offend.. “
Does status satisfy the voluntary act requirement?
No;
Ex: drug addiction is a status, not a voluntary act or omission (Robinson v. California)
What was the rule from People v. Beardsley (Actus Reus)?
One is not under a legal duty to care for a houseguest such that the failure to do so makes one criminally punishable for any resulting harm.
When can an omission be substituted for the normal voluntary act requirement?
An omission can only be legally substituted for the voluntary act component of a criminal offense in the very limited circumstance where there is a legal duty to act and the person with the duty is physically capable of acting
What does the MPC say about Omissions?
§ 2.01(3): liability cannot be based on omission unless (a) the omission is expressly made sufficient by the law defining the offense; or (b) a duty to perform the omitted act is otherwise imposed by the law
Does the common law and MPC treat omissions similarly?
Yes
What is an attendant circumstance?
Facts or conditions that must be present when the actor performs the prohibited conduct and/or causes the prohibited result that constitutes the social harm of the criminal offense
