Chapter 4 - Actus Reus Flashcards
Parts of a Crime
Actus Reus
Mens Rea
Causation
** Must be proved by prosecution BRD in order for the criminal liability to result.
Actus Reus
The physical or external part of the crime; must be a voluntary act, omission, or possession; Actus -the voluntary physical movement, Reus - the fact that this conduct causes harm
MPC 2.01 (1) (4)
“act” is a bodily movement, whether voluntary or involuntary; omission of a legally required act of which he is physically capable; or possession if knowingly procured or received or aware of control long enough to terminate his possession
Conduct Crimes
Crimes based on conduct (e.g. breaking and entering); The act itself
Resultant Crimes
Crimes based on resulting harm (e.g. murder); the effect or purpose
Voluntary Acts
a movement of the human body that is willed or directed by the actor
- It is voluntary even if: Habit (see MPC Sec. 2.01(2)(d), Inadvertence, so long as he could have done differently; Voluntary conduct may be coerced, which will lack mens rea and most likely lead to lower sentence.
- Duress is voluntary
Strict Liability for Crimes
Strict liability does not require Mens Rea, only Actus Reus
Martin v. State
** Act must be voluntary to be criminally liable
State v. Utter
** Conditioned Response may be a defense with adequate evidence; may be denied without adequate evidence; Conditioned response must be decided by jury (is a Q of fact)
Involuntary Acts
Are not punished because they cannot be deterred (utilitarian) and cannot be culpable (retributive) ; eg. Sleepwalking, seizure, unconscious, being pushed by another…etc
MPC 2.01 (2)
Defines various involuntary acts that are not punishable
Attendant Circumstances
A Condition that must be present, in conjunction with the prohibited conduct or result, in order to constitute the crime.
affects the actus reus and mens rea
- to a child, to a person of __ age
- Time
- Place
- Extra circumstances/requirements to prove
MPC 2.01 (3)
Defines Omission/ failure to complete duty; “no liability for failure to act unless it is part of the definition of the offense OR the duty to act is otherwise imposed by law
Duty To Act
Statutorily Imposed Duty Relationship Duty Contractually Imposed Duty Creation of Risk Voluntary Assumption of care where doing so precludes others from helping
People v. Beardsley
- We don’t owe the general population a duty to protect, even if it wouldn’t harm us to do so.
- We only owe a duty to those we have a legal (NOT MORAL) relationship to
- Omission MUST BE immediate and direct cause of death
- Reliance - if you are the only person available/remove the person to a place that keeps them from receiving care, you are the sole provider for them.
Barber v. Superior Court
-Dr’s cessation of treatment was an omission (possibly commission because family authorized it) and not an act
Omission
MPC 2.01 (1, 3)
- *Failure to act**
- Failure to complete a legal duty (not moral); legal duties set up by contract or relationship (parent/child, husband/wife, or contracted relationship)
- if voluntary duty, you will be guilty if you fail to help.
Conditioned response
An actor whose conduct is the result of a conditioned response is not criminally liable
-QofFact - for jury; if judge finds there is not enough evidence for a reasonable person to find for conditioned response, the issue will not be submitted to the jury
Conditioned response
An actor whose conduct is the result of a conditioned response is not criminally liable
-QofFact - for jury; if judge finds there is not enough evidence for a reasonable person to find for conditioned response, the issue will not be submitted to the jury
Social Harm
the harm resulting from the acts or omissions of a crime; the negation, endangering, or destruction of an individual, group or state interest, which is deemed socially valuable.
-the loss/harm is suffered by the victim, victim’s family AND society
