Actus Reus

Question 1

Actus Reus

Answer 1

physical/external feature of a crime that you can physically observe

Question 2

What is an involuntary act?

Answer 2

(a) a reflex or convulsion;
(b) a bodily movement during unconsciousness or sleep;(c) conduct during hypnosis or resulting from hypnotic suggestion;
(d) a bodily movement that otherwise is not a product of the effort of determination of the actor.

Question 3

What are the relationships that trigger a culpable omission (that breaches legal duty)?

Answer 3

i. Statute;
ii. Created danger/risks (by the defendant);
iii. Close relationships (parent-child, spousal);
iv. Contractual duty; or
v. Voluntary assumption of care.

Question 4

Bad Samaritan Laws

Answer 4

Defendant may have a duty to act and face a misdemeanor when:

1. No pre-existing relationship with victim, just presence/awareness;
2. Did not give reasonable assistance when victim was exposed to grave bodily harm

Question 5

Result crime

Answer 5

The result of the crime is the prohibited harm.

Ex: Manslaughter

Question 6

Conduct crime

Answer 6

The crime itself is the prohibited harm, no matter the result.
Ex: DUI

Question 7

Attendant circumstance

Answer 7

Condition that must be present in order to constitute the crime (but not part of the AR or MR).
Ex: burglary is breaking and entering into the dwelling of another “at night” with the intent to commit a felony therein.