Actus Reus

Question 1

What can satisfy the Actus Reus? (2 things)

Answer 1

1. All bodily movements, if voluntary
2. Omissions

Question 2

What actions do not result in criminal culpability?

Answer 2

Actions not the product of volition (e.g., sleepwalking, reflex, convulsion)

Question 3

What are the three requirements for culpability for omission?

Answer 3

1. Legal duty to act;
2. Knowledge of the facts giving rise to the duty; AND
3. Ability to help

Question 4

What are the five ways to create a legal duty to act?

Answer 4

1. Statute
2. Contract (babysitter; doctor; lifeguard)
3. Status relationship (parent/child; spouse/spouse)
4. Voluntary assumption of care
5. Creation of peril