Actus Reus Flashcards

1
Q

Actus Reus definition

A

Voluntary prohibited act the prosecutor must prove the defendant committed

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2
Q

What is actus reus

A

Voluntary Act or
Omission to act where a duty exists

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3
Q

Voluntary act

A

Conduct which is performed consciously

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4
Q

Involuntary acts under the MPC

A

Should not be punished - cannot be deterred

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5
Q

Status crimes

A

Unconstitutional under 8th amendment

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6
Q

Defenses to voluntary acts

A

Unconscious, under hypnosis. forceable transplant

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7
Q

Is there generally a duty to act?

A

No

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8
Q

Omission analysis

A

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

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9
Q

When is there a duty

A

Contractual
Status
Statutory
Creation of peril
Voluntary assumption of duty to care and secluding individual as to prevent others from rendering aid

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