Actus Reus Terms

Question 1

Actus reus

Answer 1

An evil act

MPC Definition
(1) D’s conduct
(2) attendant circumstances (facts that are true when you committed a crime); and
(3) the result

Ex: “shall not drive while intoxicated” = (1) driving (act); (2) intoxicated (circumstance)
-no mens rea

“Breaking and entering with intent to commit felony” = (1) breaking and entering; (2) home of another
- mens rea: intent to commit a felony

Attendant Circumstance = anything other than conduct or result; facts present

Question 2

Elements of a crime

Answer 2

(1) actus reus = (a) voluntary act or (b) culpable omisión

(2) mens reus = mental state

Question 3

Voluntary act requirement key pointers

Answer 3

1. If you move the timeframe too early, you can find any voluntary act and then get rid of the voluntary act require
2. Looking for a culpable act and how far you expand the timeframe is decisive.

Question 4

Model Penal Code what’s NOT a Voluntary act

Answer 4

Following are not voluntary acts:

1. Reflex or convulsion
2. Bodily movement during unconsciousness or sleep (ex: sleepwalking)
3. Conduct during hypnosis (ex: on stage)
4. A bodily movement that otherwise is not a product of the effort or determination of the actor (ex: standing on platform and gets pushed off tracks)

Question 5

MPC on Possession

Answer 5

Possession is an act… if the possessor knowingly procured or received the thing possessed or was aware of his control for a sufficient period to have been able to terminate his possession.

Question 6

Actual vs. constructive possession

Answer 6

Actual: knowingly procured or recieved

Constructive: was aware of his control for sufficient period to have been able to terminate
-this is a better way of thinking about possession by criminalizing risk = we don’t wanna wait until they use the item

Question 7

Principle of Legality

Answer 7

1. No crime without law = need a law for it to be a crime

2 no punishment without law = need law for a punishment to be imposed

3. Prohibition of retroactive criminal laws = can’t pass law/increase sentence and have it apply to anything before it was passed
4. Law must be certain = criminal laws must be formulated with sufficient clarity & precision to allow individuals to regulate their conduct accordingly
   - if statues are ambiguous, should be read in favor of accused (rule of lenity)
   - statues should not delegate basic policy matters to police officers, prosecutors, and juries on an ad hoc basis—want statues establish by legislature as representatives of the polity

Question 8

Void for Vagueness

Answer 8

The government violate the due process clause by taking away someone’s life, liberty, or property under a criminal law that is unduly vague
- very rare

Two alternative bases:
1. Fails to provide fair notice to those persons potentially subject to it (leaves the public uncertain as to the conduct it prohibits)

2 Invited arbitrary and discriminatory enforcement by failing to provide minimal guidelines to govern law enforcement

Question 9

Due process elements

Answer 9

(1) procedural aspect = law can’t be unduly vague (Papachristou)

(2) substantive aspect = conduct may not be punished unless it bears a substantial relationship to injury to the public
- for most things, Constitution does NOT tell us what to criminalized
- these are clarified through rights that people want
- ex: right to contract = can’t take away that I want to work