Actus Reus Flashcards
Definition of Acts Reus
“guilty act”
Commissioner some voluntary action is prohibited by law
Three standards of Acts Reus
1) One act must be voluntary (MPC standard)
2) All necessary acts must be voluntary (Martin)
3) Core harmful act must be voluntary
What is the Actus Reus rule for possession?
it is an act if the person knew and had time to get rid of it
Exceptions for Actus Reus
Subconscious or acts while incapacitated don’t count
Omissions don’t count unless there is a duty
Does coercion count for actus reus?
Yes - gun to the head, it still counts
Do police actions account for actus reus?
We hesistate to say they do. See Martin v State
If you voluntarily put yourself in a position where is there’s a predictable but involuntary criminal act, have you satisfied actus reus?
Yes
EX: Epileptic driving a car counts
Reflexes and actions while unconscious
Not punishable unless predictable
Does alcohol count?
Yes as long as the drunkenness was voluntarily induced
Why not punish thoughts alone
Would be impossible to prove
Everyone thinks of crimes
Its cathartic to think instead of do
People change their minds constantly
What is the common law default for omissions?
no liability
What are five ways to establish a legal duty to act?
1) Statute imposes a duty
2) Special relationships (some family and professional relationships)
3) Contractual Duty
4) Voluntarily assumed a duty
5) Wrongfully created peril
Reasons not to establish a duty to act
- Burden on freedom
- Individualism
- Would be difficult to draw the line between harm causing and harm avoiding activities
Reasons to impose a duty to act
Mill says not aiding is harming
What is misprision? (and what’s wrong with it)
The crime of failing to report a felony
- Could violate wishes of victims
- Difficult to enforce
- Fear of retaliation
- Murder of Genovese in NY was a rallying cry, but facts were stretched
