Actus Reus

Question 1

The Voluntary Act Requirement (Voluntariness)

Answer 1

commits crime voluntarily AND that act causes social harm

Question 2

MPC Definition of Voluntary

Answer 2

An act is a bodily movement.

Examples of bodily movements that do not qualify for criminal liability include:
* A reflexive or convulsive act
* An act performed while unconscious or asleep
* Conduct during hypnosis
* a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

Question 3

When does a failure to act give rise to liability?

Answer 3

• There is a legal duty to act
• knowledge of the facts giving rise to the duty to act
• reasonably possible to perform the duty

Question 4

Legal Duty to Act (Factors)

Answer 4

1. By Statute
2. Special relationship between the parties
3. The voluntary assumption of care by the defendant for the victim
4. By contract
5. The defendant created the peril/risk for the victim

Question 5

No Duty to Rescue Rule

Answer 5

(Good Samaritan Laws)
For an omission to be a criminal act, there must be a duty to act. There is no general Good Samaritan law requiring people to help others in trouble. Thus, a defendant is not liable for the failure to help or rescue another person unless he has a duty to do so—no matter how easy it would have been to render help. Your moral outrage is not enough for a criminal conviction.