Actus Reus Flashcards
Actus Reus definition
Voluntary prohibited act the prosecutor must prove the defendant committed
What is actus reus
Voluntary Act or
Omission to act where a duty exists
Voluntary act
Conduct which is performed consciously
Involuntary acts under the MPC
Should not be punished - cannot be deterred
Status crimes
Unconstitutional under 8th amendment
Defenses to voluntary acts
Unconscious, under hypnosis. forceable transplant
Is there generally a duty to act?
No
Omission analysis
Is there a duty to act
Is there capacity to perform the act - (danger can remove duty)
Willful neglect or refusal to act
Harm is a direct result of failure to act
When is there a duty
Contractual
Status
Statutory
Creation of peril
Voluntary assumption of duty to care and secluding individual as to prevent others from rendering aid