Actus Reus

Question 1

Actus Reus

Answer 1

The Prohibited Act

1. Voluntary Act
2. Possession
3. Inaction

Question 2

Voluntary Act

Answer 2

Physical Act - movement of the body that is in some sense willed or directed by the actor

1. an act is voluntary so long as the actor could have acted differently
2. Only one act in D’s course of conduct needs to be voluntary – the later involuntary act does NOT negate the voluntary act

Question 3

Defenses to Voluntary Acts

Answer 3

1. Unconscious
2. Reflect
3. Duress
4. Self-Defense
5. Seizures
6. Insanity
   * *Unless it is a preexisting condition that D knew about
   * *Voluntary intoxication is NEVER a permissible defense

Question 4

State v. Hinkle

Answer 4

Facts: D passed out while driving, resulted in accident, diagnosed with brain disorder after the accident

• unconsciousness eliminates voluntary element of the act
• State must prove that it was voluntary and that he acted in reckless disregard for human life

Question 5

Possession

Answer 5

The act is inferred from mere possession

• *knowledge and ability to possess is NOT possession where D has no intent to make use of this knowledge or ability
  1. Actual Possession
  2. Constructive Possession

Question 6

Actual Possession

Answer 6

Physical possession presupposes knowledge and intent but not necessary to convict
– can be implied by surrounding facts and circumstances – constructive possession

Question 7

Constructive Possession
(Fox)

Answer 7

Knowledge alone does not make someone guilty of possession
The contraband is subject the the D’s DOMINION and CONTROL
1. Requires a SUFFICIENT NEXUS between the D and the CDS to permit an inference that the D has both:
– POWER and INTENT to exert DOMINION over the CDS

Question 8

Nexus is determined by

Answer 8

1. Ownership/Occupancy of the premises where drugs are found
2. Incriminating statements or behavior
3. Drugs in specific area which D had control over (closet or drawer)
4. Proximity to drugs

Question 9

Inaction

Answer 9

The failure to act when there is a duty to do so

– Inaction when action is legally mandated satisfies the actus reus requirement

Question 10

Situations when a legal duty to act is imposed

Answer 10

1. Certain relationship to another (parent/child)
2. Statute requires action (paying taxes)
3. Contractual duty (lifeguard)
4. Voluntarily assume the care of another

Question 11

State v. Miranda

Answer 11

Facts: D’s failure to act created a risk of death; not biological father, but assumed role; did not report abuse or injuries
– failure to act may constitute a breach of legal duty if there is a statue imposing a duty to help another; where one has assumed a contractual duty; and where one voluntarily has assumed the care of another