ACTUS REUS

Question 1

Definition of Actus Reus

Answer 1

A VOLITIONAL ACT THAT CAUSES SOCIAL HARM.

Question 2

What are NOT volitional acts

Answer 2

1. Reflex, convulsion
2. Sleep
3. Hypnosis

Question 3

Acts for AR include

Answer 3

• Affirmative conduct
• Omission
• Possession

Question 4

Act 1 under AR: PROXIMATE AND ACCESSIBLE

Answer 4

If the gun is on you or near enough that you can use it

Question 5

Act 2 under AR: ACTIVE EMPLOYMENT

Answer 5

If you are actively using the gun – use and carry need to be defined in these situations.

Question 6

5 Situations where there is a DUTY TO ACT

Answer 6

a. SPECIAL STATUS RELATIONSHIP
b. CREATION OF THE HARM
c. Voluntary Assumption of Care in a manner that prevents others from rendering aid
d. CONTRACTUAL DUTY TO ACT
e. STATUTORY DUTY TO ACT

Question 7

KNOWINGLY - POSSESSION

Answer 7

• Procured an item or received an time (EXAMPLE OF TIME FRAMING)
• OR
• Retained possession of item after being aware of control over it for a sufficient period of time to have ended control over it – RETURN THE DRUGS DUDE.

Question 8

CONSTRUCTIVE POSSESSION

Answer 8

• Exercising dominion or control over the item OR the people who have physical possession of the item

Question 9

Three ways to define Social Harm under AR

Answer 9

1. RESULT CRIMES
2. CONDUCT CRIMES
3. ATTENDANT CIRCUMSTANCES