Actus Reus Flashcards
Elements of Actus Reus
- Act
- Voluntariness
- Omission
- Possession
Act
Must be an act by the Defendant
Voluntariness
Common Law and MPC that unless a D’s act was voluntary, there is no justification for imposing punishment
Exceptions to Voluntariness
- A reflex or convulsion;
- A bodily movement during unconsciousness or sleep
- Conduct during hypnosis or resulting from hypnotic suggestion
- A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual
i. Unconsciousness Defense
ii. Status Crimes
Unconsciousness Defense
Courts have authorized the availability of unconsciousness in cases in which a concussion or gunshot wound caused symptoms of unconscious behavior that could be diagnosed by expert witnesses and supported with sufficient evidence
Status Crimes
Cannot make criminal by someone’s status. Must be some type of act. Ex: punishing illness and required no proof of act, such as the use or possession of drugs
Omission
Gen. Rule: No duty to act or assist others in peril
Exceptions to Omission
Duty to Act:
- Statutory obligations
- Status Relationships (Mother/ child)
- Contractual duty (nurse/patient)
- Voluntary Assumption of Duty
- Creation of Peril
Possession
Must show that D was aware of her possession sufficiently to be able to exercise control over the item possessed and that she acted knowingly and voluntary in possessing the contraband
- Actual Possession
- Constructive Possession
- Joint Possession
Actual Possession
Contraband found on the D’s person
Constructive Possession
Contraband found in place where the D is aware of its existence and exercises control
Joint Possession
Contraband found on a person or in a place where more than one D is aware of its existence and exercises control
