Actus Reus Flashcards
Do acts need to be voluntary to be meet the “act” requirement?
Yes! You cannot be convicted for acts that occurred not of your own volition.
In Martin V. State, Law Officers arrested him at his home and took him onto the highway, where he allegedly committed the proscribed acts, viz., manifested a drunken condition by using loud and profane language.
The court Ruled, Under the plain terms of the statute, a voluntary appearance is presupposed. This man was forced and involuntary, no violation of statute.
What happened in People V Newton?
People V. Newton
Facts: Newton was pulled over for a traffic violation. A fight ensued with multiple gunshots. Newton was shot in the abdomen. Newton claims he lost consciousness after being shot. Frey the Police officer was shot and killed by Newton.
Rule: As stated by the MPC, where not self-induced, as by voluntary intoxication or the equivalent, “unconsciousness” is a complete defense to a charge of criminal homicide.
If a drunkerd decides to drink beer and ultimately becomes intoxicated before driving a car and killing someone, are his actions involuntary?
Probably not. If a known voluntary action leads to unconsciousness, involuntariness may not be a defense.
In People V. Decina, the Defendant suffered an epileptic attack while driving struck and killed a number of children.
Rule: A criminal defendant who disregards the consequences that can result from driving a vehicle with knowledge of a health condition that can produce involuntary actions may be found guilty of vehicular homicide. Decina’s awareness of his epileptic condition coupled with a disregard of the consequences renders him liable for culpable negligence.
Can someone who omits to act and save a life be criminally liable?
Ordinarily, a moral obligation is insufficient and not criminally liable for omission except where there’s a legal duty to act. e.g. daycare, lifeguard
What is mens rea?
A culpable mental state. There are two types of mental state requirements.
Non specific intent Crimes and Specific intnet Crimes.
Under common law what is specific intent?
Specific intent requires actual knowledge (that is, subjective awareness) of some particular fact or circumstance, or specified further purpose in addition to knowledge of conduct.
e.g. a burglary requires that a person break and enter a structure with the further objective of committing a felony inside.
What are the levels of specified intent under the common law?
Willful: intentional & purposeful
Malice: wickedness or knowingly disregarded consequences
Wanton: intentional conduct thats highly likely to harm
Knowingly: intended harmful result
Reckless: substantial unjustifiable risk (default)
Negligence: should have anticipated a substantial risk
What are the levels of specified intent under the MPC?
Purposely: Conscious desire to engage in that conduct or to cause such a result. When element involves attendant circumstances, actor is aware of them or hopes they exist. (subjective standard)
Knowingly: If element involves the nature of the conduct or attendant circumstances, he is aware of his conduct or that the circumstances exist. If it involves the result of his conduct, he is aware it is a probable result. (subjective standard)
Recklessly: When an actor consciously disregards a substantial and unjustifiable risk that the circumstance/material exists or will result from his conduct. His disregard must be a gross deviation from the conduct of a reasonable person. (subjective standard)
e.g. willful blindness which would not meet the Knowing requirement
Negligently: When an actor should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be such that a failure to perceive it is a gross deviation from the standard of a reasonable person. (objective standard)
According to the MPC, mental state must be proven for every “material” element of a crime. What is considered a material element?
Nature of the forbidden conduct (what you’re doing/the act) Attendant circumstances (state of the world) Results of conduct (determine if it’s a results or non-results crime)
What is the default mens rea under the MPC for every crime if it is not specified?
if no explicit mental state for any material element, reckless is default.
If the law states the required mental state by one element but is silent on the others, which mental state is required?
If it states the required mental state by one element it applies to all elements unless stated otherwise. (travel rule)
Under the MPC, is there a crime that only requires general intent?
Under the MPC the default is always reckless so you’ll never have a crime that doesn’t require specific intent. However, no mens rea is needed for offenses which constitute violations. e.g. regulatory offenses etc
Will a mistake of fact be a legal defense for criminal liability?
Often a mistake of fact will negate the necessary mens rea thereby avoiding liability. However, it will not be a defense when no intent is required under strict liability crimes.
