The Requirement of a Voluntary Act Flashcards
Define: Actus Reus
The requirement of an actual, physical act [or omission] to have culpability and to be convicted.
Crimes are composed of ____. An ____ of every crime is a _____ that is forbidden by law or a ____ to ___ when a duty is imposed.
element; element; voluntary act; failure to act.
MPC Definition of “voluntary act” (MPC 2.01(1)):
“A person is not guilty of an offense unless is liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.”
MPC Definition of “involuntary act” [MPC 2.01(2)]:
The following are not voluntary acts within the meaning of this section:
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 or determination of the actor, either conscious or habitual.
Hypo 2.3: Sleeping Driver
A shuttle operator, was dispatched to pick up some passengers at the local airport. On the way to the airport, she became drowsy. She opened the windows for a breeze to combat this feeling and rove on. At some point, she fell asleep, ran off the road, and killed a pedestrian. She is charged with involuntary manslaughter. Since the driver was asleep when she killed the pedestrian, did she commit a voluntary act?
Yes, because she knew she was tired and chose to drive anyways. She voluntarily took the action to drive while drowsy and that led to the death of the pedestrian even though she was asleep.
Robinson v. State of California:
Are status crimes legally allowed? Such that an individual could be arrested and convicted for being addicted to narcotics?
No. A person cannot be convicted for simply being something because there is no voluntary act involved.
