Actus Reus Flashcards

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1
Q

Actus Reus

A

The Guilty Act

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2
Q

Types of Actus Reus

A

(1) Past Physical Act
(2) Omission
(3) Possession

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3
Q

Elements of Actus Reus

A

(1) An overt act
(2) Some degree of volition, willfulness, and mindfulness [unlawful intent]
(3) Resulting Harm

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4
Q

Exceptions to Actus Reus Liability

A

(1) Unconscious or Involuntary acts
(2) Thoughts [alone]
(3) Status

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5
Q

Omission

A

Failure to act

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6
Q

Omission Liability

A

(1) D is under a statutory obligation;
(2) D is sufficiently close to the victim (relationship);
(3) D had a contractual duty to provide care;
(4) D voluntarily took care of the victim; or
(5) D created a dangerous situation and risk of harm to others

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7
Q

Types of Possession

A

(1) Physical Possession

(2) Constructive Possession

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8
Q

Constructive Possession

A

Where D lacks physical possession but has both

(1) the power; and
(2) the intent to exercise control over the item in question

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9
Q

Possession by Proximity

A

Proximity alone is not enough to establish possession

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10
Q

Possession and Guests

A

Guests retain dominion/control over their own property when they visit another person’s home

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11
Q

Viewing v. Possession

A

Without actual knowledge of an item, D cannot have the intent to exercise control over it, and therefore there is no possession

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