Chapter 4 - Actus Reus

Question 1

Parts of a Crime

Answer 1

Actus Reus
Mens Rea
Causation
** Must be proved by prosecution BRD in order for the criminal liability to result.

Question 2

Actus Reus

Answer 2

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

Question 3

MPC 2.01 (1) (4)

Answer 3

“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

Question 4

Conduct Crimes

Answer 4

Crimes based on conduct (e.g. breaking and entering); The act itself

Question 5

Resultant Crimes

Answer 5

Crimes based on resulting harm (e.g. murder); the effect or purpose

Question 6

Voluntary Acts

Answer 6

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

Question 7

Strict Liability for Crimes

Answer 7

Strict liability does not require Mens Rea, only Actus Reus

Question 8

Martin v. State

Answer 8

** Act must be voluntary to be criminally liable

Question 9

State v. Utter

Answer 9

** 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)

Question 10

Involuntary Acts

Answer 10

Are not punished because they cannot be deterred (utilitarian) and cannot be culpable (retributive) ; eg. Sleepwalking, seizure, unconscious, being pushed by another…etc

Question 11

MPC 2.01 (2)

Answer 11

Defines various involuntary acts that are not punishable

Question 12

Attendant Circumstances

Answer 12

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

Question 13

MPC 2.01 (3)

Answer 13

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

Question 14

Duty To Act

Answer 14

Statutorily Imposed Duty
Relationship Duty
Contractually Imposed Duty
Creation of Risk
Voluntary Assumption of care where doing so precludes others from helping

Question 15

People v. Beardsley

Answer 15

• 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.

Question 16

Barber v. Superior Court

Answer 16

-Dr’s cessation of treatment was an omission (possibly commission because family authorized it) and not an act

Question 17

Omission

MPC 2.01 (1, 3)

Answer 17

• *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.

Question 18

Conditioned response

Answer 18

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

Question 19

Conditioned response

Answer 19

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

Question 20

Social Harm

Answer 20

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